On the History of Knowledge of Compiling Civil Code and the Characteristics of Civil Code of Contemporary China
To sort out codification of civil law in modern Europe from the perspective of history of knowledge undoubtedly provides important knowledge support and reflection reference for understanding the civil code of contemporary China's codification from the perspective of intellectual history.There have existed gathering-style collection of laws in both China and the West,ancient and modern,while it is a phenomenon in civil-law system of modern Europe to,under the guidance of rational thought,based on the specific industrial and commercial needs,centered on the individual rights,realize the legal unity within a nation state and compile civil code in a logical and systematic manner.To prevent judges from making arbitrary judgments,to achieve a balance of power,to accommodate the economy of free competition,and to delineate legal boundaries between individuals and the State constitute the legislative intent of the civil codes in modern Europe.However,the civil codes of France and Germany lacked the foresight of public welfare and public good,let alone responding to social ethics and substantive justice.The Civil Code of China not only absorbed the good parts of the civil codes in the past,but also repaired their shortcomings,and at the same time of sticking to logic and systematization,always looks to the real life in China,pay attention to achieving the balance between individual rights and social interests while securing individuals'rights and interests,promoting the creation and proactiveness of social subjects.In practice,regarding the inherent tension between individuals'rights and interests and social interests,it is necessary to stick to the professionalism and division of modem knowledge,take the coherence of both internal and external systems of civil code into account by means of legal dogmatic method,and reach a resolution through the doctrine of interpretation which is sensitive in knowledge and intelligence and fine-tuned in operation.
Rational ThoughtCodification of Civil CodeExperiences and LessonsChinese Characteristics
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