中共中央关于全面推进依法治国若干重大问题的决定》中提出全面深化改革和全面推 进依法治国的重大决定,该决定为中华人民共和国民法典的编纂提供了良好契机。在此 背景下,厘清民事义务与民事责任之关系,并对其进行合理定位,成为亟待解决的理论 问题。在民法原则与民法规则复杂多变的关系中,民事义务与民事责任之间存在分离抑 或融合这两种认知模式。通过对民事义务与民事责任产生的根源;民事义务是否具有强 制性与制裁性;合法与违法之界线;义务与责任之能力基础等四个视角作出初步分析, 区分民事义务与民事责任,具有重要价值。
In the Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Promoting the Rule of Law, comprehensively deepening the reform and promoting the rule of law were put forward. The decision also provides a good opportunity to compile Civil Code. In the context, it is very imperative to clarify the relationship between civil obligations and civil liability, and properly position them. In the complicated and varied relationships between civil code principle and rules of civil code, there are two cognitive modes between civil obligations and civil liability, and the cognitive modes are separation and integration respectively. This paper will distinguish civil obligations and civil liability which is of great value. I will basically analyze it from four perspectives which are the root causes of civil obligations and civil liability, whether civil obligation is mandatory and punitive, the boundaries between legality and illegality as well as the competencies base between them.