Dissertation > Political, legal > Legal > UNIVERSITY > China and France

The Natural Law Foundation of the Civil Law

Author ZhangYongHua
Tutor LiKaiGuo
School Southwest University of Political Science
Course Civil and Commercial Law
Keywords Classical natural law University Press Roman law German Civil Code Commercial Press The Law of Peoples Natural Law said Philosophy of Law Beijing Legal act
CLC D913
Type PhD thesis
Year 2005
Downloads 1055
Quotes 2
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1. Goal of argumentsThe civil law is great and deep, its system is again complicated and matchless, that’s reason why the learners often can’t reach their goals. Therefore, it is an important method to study civil law with the viewpoint of legal philosophy and thus can break isolate condition that between the section legal theories and the jurisprudence, which will lead to the vital development of Chinese legal theories( both the section legal theories and the jurisprudence ).Therefore, the jurists can’t limit their studies at the knowledge structure by which the law itself provides, but should absorb the fruits of other courses to explain the problems the law faces, thus can they go deeply into the law phenomenon and master the system and the principles of the civil law.This dissertation not only studies the principles and basic institutions of civil law with the viewpoint of legal philosophy in a historic and micro research way, but also elaborate on the relations between the natural law and the methodology, the civil law culture, the reception by the Chinese civil law, the "green" Chinese civil code and the applications of civil law in a macro way. The reason why this dissertation chooses natural law as the basis for the study of civil law is not that it defies the influence and values for civil law by the analytical method and sociology method, but that it lays more emphasis on the influence and values for civil law by philosophy.In order to develop the Chinese law and civil law, it is necessary to link them to the development of natural law; while the duty for the development of natural law not only shall be shouldered by the philosophers and thinkers, but also shall be shouldered by jurists, civil law scholars and researchers. It is the author’s hope that this dissertation can contribute a little bit to the development of natural law and civil law. 2. Logic basis and clues of the dissertation2.1 Logic basisThis dissertation undertakes natural law as the logic basis and value premise on which not only the principles and basic systems but also the methodology, civil law culture, reception of civil law, the "green" Chinese civil code and the application of civil law are constituted.2.2 Logic cluesThis dissertation is divided into two parts. In the first part, the logic clues are: 2.2.1. Under the influence of natural law, Roman law formed the private spirit ofcivil law and laid the basis of the principle for the Roman private law and constitutedthe basic systems of civil law.2.2.2 The equality principle, property theory and natural justice principle of

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