Jurisprudential Reflection On "Civil Law Regulates Equal Subject Relationships"

The equal subject system in the Civil Code was originally used as a tool to distinguish the scope of civil law adjustment,and the basis of the era was no longer there,and from the perspective of equal subjects as an adjustment method,it could not effectively solve the problem of personal relations,especially family relationships;From the perspective of the division of the scope of legal adjustment,equal subjects cannot effectively solve the problem of substantive unequal relationship of subject status in property relations;With the increase of the diversity of subjects,equal subjects need to accommodate evolving and different subjects;In addition,more attention should be paid to the actual status of the subject in judicial adjudication,and the unequal status of the subject in civil relations should not be ignored or denied,or the civil relationship in which the status of the subject is unequal in the judgment should not be ignored or denied;Therefore,a new understanding of equal subjects is needed.The development trajectory from identity to contract to identity shows the necessity of the return of identity,and humanist ideas that pay attention to human dignity and value should be reflected in civil law,so that the subject of civil law truly returns to "people".