중국 「민법전」의 채권법 체계에 관한 연구

In compiling China's biography of civil law, China aims to "adapt to the requirements of the development of socialism with Chinese characteristics, conform to China's national policy, have a scientific system, a strict structure, a reasonable standard, and a harmonious content code". With regard to bonds, the civil law biography of China does not adopt the civil law system of the traditional civil law countries in terms of system, but from the actual situation of China, stipulates that "the general provisions of the law of creditor's rights shall not be stipulated separately, and the contract shall play the role of the general provisions of the law of creditor's rights" The third part of the biography of civil law stipulates "contract", and the seventh part stipulates "liability for illegal act". These systems not only effectively simplify the legal rules and provide convenience in the application of law, but also protect the integrity of the contract law system and realize the function of the contract law as a whole. However, if we want to adopt such a system, then any specification of "contract" convenience has nothing to do with the will of the parties. When bonds occur for certain reasons, it should be clearly applicable to the bonds generated according to the law. In fact, the system adopted by China's "civil law war" does not meet the essential requirements of the law of creditor's rights, and the legal application of "illegal acts" regulated by the law of creditor's rights also causes confusion. In China's "civil law war", it is necessary and feasible to enact the bond chapter and the general provisions of the bond law to reorganize the bond system. The establishment of the chapter of creditor's rights and the general provisions of creditor's rights law is not only to meet the needs of the contract, but also to meet the needs of the normative work that should be done in the compilation of the abstract code, the needs of various bonds, and the needs of a complete system of creditor's rights law. Moreover, on the premise of establishing the chapter of creditor's rights and the general principles of creditor's rights law, the system of creditor's rights law should include the general norms of bonds, illegal acts, improper interests and affairs management. Only in this way can the law of creditor's rights play a substantial role in the general provisions of the law of creditor's rights. It does not affect the integrity of the contract law and the law of liability for illegal acts, and is conducive to the correct application of the law by judges.