The Space and Compliance for Local Legislation in Regulating Civil Activities
The regulation of civil activities by local legislation is mainly based on the purpose of maximizing public and private in-terests,regulating and intervening in relevant aspects of civil activities,requiring the parties to follow specific modes of action to achieve the goal of regulation.Through typological analysis,it can be summarized into two types of norms:civil judgment norms and civil management norms.Civil judgment norms are aimed at directly adjusting civil relations and producing civil legal effects and can be used as the basis for civil adjudication.Existing theories and judicial practice have failed to develop general judgment rules;through the normative analysis of positive law,local legislation can set civil judgment norms,whose scope of authority is limited to the terms authorized by the Civil Code and should follow certain interpretative paths and rules.Civil management norms do not involve the substantive content of the relationship between civil rights and obligations,so they are not subject to legal re-strictions,and the setting space is relatively broad.Civil management norms should follow the requirements of substantive ration-ality and reflect the unity of public interest orientation and legal norms.
local legislationregulationcivil activitiescivil judgment normscivil management norms
万方数据
维普
