Construction of the Autonomous Knowledge System of Chinese Civil Law in"Practice"and"History"
Focusing on the modern legal history,this study deduces the knowledge premise and power driving the transformation of Chinese law modernity against the characteristics of Chinese law,emphasi-zing public interests over private interests and valuing property rights more than individual rights from the perspectives of"practice"and"history",based on traditional civil law,social ethics,integration of civil and business,and integration of public and private law knowledge tradition.The binary opposition between structure and action is removed based on the Chinese civil law tradition and judicial heritage.The"prac-tice"is placed at the construction of independent knowledge system of Chinese civil law to realize the his-torical reflection and modern reconstruction of the construction of independent knowledge system of civil law.The construction of independent knowledge system of Chinese civil law needs to transcend the"duali-ty of formal rationality"and"substantive irrationality"and highlight the combination of traditional judicial moral expression and practical action by the value orientation of"practical moralism".Based on the recog-nition of diverse traditions and co-construction of reality,the autonomous construction of knowledge in both transplanted and indigenous legal systems is realized to form the value consensus and achieve the modern transformation and development of Chinese law.
modernityhistory subjectivitypractice subjectivityautonomous knowledge system con-struction
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