社会转型时期的民法回归

在传统的民法里,婚姻家庭关系、劳动关系和土地财产关系的调整,均属于民法的任务,但在前苏俄民法里,这些社会关系的调整都脱离民法而呈独立状态。新中国成立后,由于承袭前苏俄的法律观念,也将这些社会关系的调整从民法中剥离出去；改革开放以后,这些社会关系的调整逐渐呈现出不同程度回归民法的趋势。

Return of Civil Law in Social Transition Period

In traditional civil law,the regulation of marriage-family relation,labor relation and land property relation all belongs to the task of civil law.However,in the former Soviet Union Civil Law,these social relations all separated from the civil law and became independent.The new PRC learnt from the former Soviet Union legal concept and sepa- rated these relations from civil law.After the Reform and Open policy,the regulation of these relations gradually re- turned to the civil law.The most fundamental reason is that the marketization-oriented social economic system reform made the labor relation and land property relation got their equity back,and also paid attention to the equity of marriage- family relation.These social relations are essentially the same with the objects that civil law regulated.Civil Law can regulate these social relations again.