关键词: 《民法典》, 非规范性条款, 规范性条款, 宣示性条款, 立法目的条款, 学理性条款, 道德性条款

Abstract: A large number of non-normative clauses exist in Civil legislation in China. The Civil Code continues this tradition. The identification standard is the absence of normative character. It has neither the function of behavior guidance and judgement basis， nor the auxiliary function of incomplete laws and regulations. Non-normative clauses in civil legislation are divided into declarative clauses， legislative purpose clauses， conscience clauses and academic rational clauses. The reasons for the non-normative clauses in civil legislation are that the role of civil law norms is biased， Legislative Construction Rationalism and Legislative Evolution Rationalism are confused， the cost benefit of legislation analysis system in civil law is missing， the level of civil theory research is low， the fascination and worship of Pandecten jurisprudence is excessive and the boundaries between legal norms and moral norms are blurred. The codification of the Civil Code in the future should correctly position the referee attribute of the civil law excluding declarative clauses， correctly position adjustment normative attribute of civil law excluding legislative purpose clauses， correctly position the private law attribute of civil law excluding public law repetitive clauses， correctly position the behavioral law attribute of civil law excluding conscience clauses and correctly control the number of interpretative provisions of civil law excluding academic rational clauses.

Key words: The Civil Code, non-normative clause, normative clause, declarative clause, legislative purpose clause, academic rational clause, conscience clause