作为民法领域科学研究标准的目标设定及其实现

L. Shchennikova
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Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. 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摘要

导言:本文论述了民法研究目标意义的方法论问题。本文从目标设定的角度分析了在俄罗斯民法科学发展的不同时期完成的论文摘要,确定了各阶段的定性特征,并证明了所取得的成果与研究者对目标设定的方法论方法的了解之间的联系。目的:展示目标设定在科学研究中的价值,特别是在民用研究中的价值;以12.00.03专业答辩论文为例,探讨目标设定与取得具体科学成果的关系;为了证明有必要将与确定关系发展模式有关的基本问题定为目标,这些模式是民法管制的一部分,并建立有效的机制来调解这些问题。方法:系统结构、系统功能、概括、抽象、类比、逻辑、统计、分类、法律建模、比较法、预测法、形式法、历史法。结果:民事方法论在组织科学工作时应考虑目标的重要性。只有充分掌握设定目标的技巧,才能最终确保建立以科学为基础的机制,使民法规范对规范的社会关系产生有效影响。结论:1)任何一门科学,包括民法科学,都不仅仅是为了研究和描述存在的问题,包括立法、理论和执法。为了符合科学性质的标准,研究必须试图找出发展的规律,包括调节的关系和调节它们的机制;目标在科学发展中的意义已被杰出的哲学家所证明。此外,科学的定义本身就表明,设定目标是科学的基本特征之一;(3)作者对俄罗斯主要经济学家摘要的分析表明,巧妙地设定研究目标有助于始终如一地实现这些目标,并创造了一个高质量的民法科学分类机构;4)对现代论文的分析表明,并不是所有的年轻研究者都看到了目标设定的价值,作者需要消除这种方法上的缺点。
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GOAL SETTING AND ITS ACHIEVEMENT AS A CRITERION OF SCIENTIFIC RESEARCH IN THE FIELD OF CIVIL LAW
Introduction: the article deals with the methodological problem of the meaning of the goal of civil law research. The author analyzes the dissertation abstracts from the point of view of goal setting, which were completed in different periods of the development of Russian civil law science, identifies the qualitative characteristics of the stages, and proves the connection of the achieved results with the researcher’s knowledge of the methodological methods of goal setting. Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. Only a competent possession of goal setting skills can ultimately ensure the creation of scientifically-based mechanisms for effective impact of civil law norms on regulated social relations. Conclusions: 1) any science, including the science of civil law, is not only designed to study and describe existing problems, including legislative, doctrinal, and law enforcement. Research, in order to meet the criterion of scientific character, must attempt to identify the laws of development, both regulated relations and mechanisms that mediate them; 2) the significance of the goal in the development of science has been proven by outstanding philosophers. In addition, the very definition of science indicates that goal setting is one of its essential characteristics; 3) the analysis of the author’s abstracts of leading Russian tsivilists showed how the skilful setting of research goals helped to achieve them consistently, as well as to create a high-quality categorical apparatus of civil law science; 4) the analysis of modern dissertations showed that not all young researchers see the value of goal-setting and this methodological disadvantage is important for the author to eliminate.
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