People’s Daily the new compilation of civil code China – View – rooted soil meyou

People’s Daily: the new compilation of civil code China – View – rooted soil in the civil code, and beliefs, customs, common sense of the national spirit of exchange, need to absorb nutrients from the soil China culture with the legislative process and fast, known as the "Encyclopedia of social life" of the civil code has been into the fast lane. Days prior to the convening of the forum pointed out that the general principles of the civil law draft of civil code, let China rooted in the social soil, embodying the national spirit "". As to the extraction, integration and appropriate renewal of the existing civil law, the civil code should obey the new requirements of the current legislative stage in the legislative techniques and concepts. The civil code is rooted in the soil of China, the primary meaning is to make the civil code reflect the actual situation of Chinese social life. The civil code is the cornerstone of the private law in the French family, although there are some references in the civil code, there are no two identical civil codes in the world. Some foreign civil law provisions, Chinese civil code must not have provisions; no foreign civil code, civil code Chinese also don’t have to come to a standstill. Judging criteria is that such a requirement is the butt of China’s social and economic needs of the real life. In fact, China existing civil law, many of which are based on the practice of China product itself, such as the legal provisions for foreign-funded enterprises, land and so on, corresponding to the special economic system of ownership and Chinese. Chinese marriage law and relevant judicial interpretations of the marriage problems such as purchase detailed provisions, the unique phenomenon of response is China in society. Jurists believe that the law is a national "inherent powers" of the product, it is deeply rooted in the history of the nation, but also the real source is the common belief, customs and common sense. In the civil code, and beliefs, customs, common sense of the national spirit of exchange, need to absorb nutrients from soil China culture. Civil law embodies the wisdom of people to arrange social and economic life, some of the traditional norms contain these wisdom. For example, this year has just won the Nobel prize in economics bent? Professor Holmes Thrun, had to Chinese traditional pawn behavior far earlier than the stock market and case analysis, pawn how to cleverly reduce transaction costs, enhance liquidity. It is also the characteristics of the pawning right Chinese provisions of civil law a unique legal status, but present some embarrassment, if properly placed in the new civil code, civil law is a draw nourishment from the traditional culture of good Chinese. Electricity providers, public entrepreneurship, new media, such as the accumulation of practical wisdom in contemporary China’s economic development, but also can become the source of reality of China’s civil code. The civil code takes root in the Chinese soil, which means that the Chinese civil code should guide and regulate the practice of china. Codification of legislation in many countries is set as the culmination, multi power, has become the month after month and year after year. Codification of Chinese civil code, although it can not do without the guidance of the general civil law theory, can not be separated from the foreign civil law system, practice and ideas of reference, but in this process should also avoid excessive theoretical tendency. )相关的主题文章: