The Foundational Theory of the Construction of the Autonomous Legal Systems of China
The foundational theory of the construction of the autonomous legal systems of China is the basis for self-identification of Chinese civil law.There are two theories of development of Chinese civil law:inheritance and borrowing.These two theories have different research methods,preservation of dogma,and the handling of Chinese issues.The development of Chinese civil law theory has the direction of legislative guidance,which ultimately takes the form of the comprehensive civil code,"The Civil Code of the People's Republic of China".As the foundation of the construction of the autonomous legal systems of China,the civil law theories and methods in China are the methods for constructing the autonomous legal systems of China.Just as a foreigner wearing Chinese clothes and speaking Chinese will not change their appearance,using common terms of the Roman law does not mean that Chinese civil law is a copy of foreign civil law.Building the autonomous legal systems of China means building the theoretical system,discourse system,and practice system of Chinese civil law.
autonomy of civil law knowledge systemCivil Code of the People's Republic of Chinacivil law theoriescivil law methodology
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