Review and Critique of the Human Nature Foundation of Private Law System——On Historical Evolution and Contemporary Construction of Civil Subject

Civil subject is the foundation of people's status and judicial system in the private law. The analysis of the value of civil subject in history not only reveals the specific value of civil subject, but also experienced a refinement and update in the system and reality. Therefore the reflection of the human nature foundation in the private law needs to adhere to the requirements of the civil subject on the one hand, and to face and settle the tension between the freedom and equality on the other hand. Of course, the tension between the value rationality and instrumental rationality is not only the millennium problem plaguing Chinese and foreign legists, but also the problem in the study of contemporary construction of civil subject in China.