Analysis of the concept of civil legal acts

The concept of juristic act is founded by the jurisprudent of German in the eighteenth century. It is the most important and basic concept of Continental Law System. Because of the concept of juristic act, human beings can promote the system and code of civil law. China belongs to Civil Law System, and is implementing the system and code of civil law, but, China’s comprehension of the concept of juristic act is different from that of western nations. So, it is indispensable and urgent for us to analyze the concept of juristic act, and my thesis for Master degree makes some contribution to correcting this concept in China’s civil law.This thesis is subdivided into four sections:First, I observe and study the source and course of juristic act-Roman Law, France Civil Law and German Civil Law, from which we know that each civil law which is not a lifeless condition can be traced back to the same origin. Meanwhile, knowledge of the concept of juristic act originates from them. Nowadays juristic act is extended from civil law to other laws, so Chinese scholars add civil to juristic act and name it Civil Juristic Act.Secondly, I analyze the common element of juristic act, which is based on the arrangement of scholars’ standpoints. Because some maintain three elements, some four elements, others put forward one element in juristic act. But, my viewpoint is only about a general clement in juristic act, i.e. will- expression. Furthermore, I expound the special element of the concept of juristic act. Because will expression and lawful clement are the most important and controversial in juristic act, I elaborate them, in particular, in the third and fourth sections of the thesis. But, juristic act means the same as civil juristic act in this thesis.Thirdly, I analyze the parts of will-expression, which is based on the arrangement of scholars’ viewpoints concerning the parts of will-expression. Because some advance three elements, others four elements in will-expression. However, my standpoint is that there are five essential elements in will expression including four internal elements and one external element. The former includes intention-will, expression-will, validity-will and act-will, and the latter is expression-act.Fourthly, I analyze and expound the lawful element, which ranges from explaining the reason why Chinese civil law receives the lawful clement in juristic act to putting forward my standpoint. Because lawful element is the main difference between Chinese civil law and western civil law, I put forward four grounds of argument: cognition reason that is to divide fact and value, legislation reason that is to uphold law formal logic, jurisdiction reason that is to persist in the administrative logic of law, and the reason concerning the exchange with foreign nations’ civil law.The definition given by the author of the civil juristic act is that civilian who put it in effect in the sense of the private law with will-expression as the essential element. When I finish this MA thesis, I don’t know and am not able to tell my contribution by myself because it must be valued.