Construction of the Social Science and Social Sciences System of Philosophy and Social Sciences with Chinese characteristics is the establishment of a discipline system of philosophy and social sciences with Chinese characteristics、Academic System、The key part of the discourse system，Chinese Civil Law Discipline System、The construction of the academic system and discourse system is also the same。For a long time，Chinese civil law knowledge is based on Western civil law culture，to a large degree，Yan must be called Rome、Words must be called virtue，The knowledge of local civil law is ignored or falsified。If you think that the people of the people of China do not distinguish、No division of civil punishment，Then deny the culture of Chinese local civil law。If you ignore the knowledge of the "Civil Affairs Law" that China has always existed, the knowledge of civil law，The concept of contract freedom is identified as the unique concept of Western civil law knowledge。General Secretary Xi Jinping pointed out，"The Civil Code system has integrated the civil law specification formed by the long -term practice of more than 70 years in the founding of New China，Drawing the excellent legal culture of the Chinese nation for more than 5,000 years，Budging from the beneficial results of the construction of human rule of law civilization "。It can be said，"Civil Code" is a concentrated manifestation of Chinese civil law knowledge and the crystallization of intelligence，The foundation Bet365 app download of the knowledge system of China's independent civil law。

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First，"Civil Code" reflects the local knowledge of Chinese civil law。The regional nature of the subject and applicable object itself due to the knowledge of the knowledge of civil law，Local or locality constitutes the characteristics of the knowledge of civil law。For example, the collective land ownership stipulated in the Civil Code、Land contract management right、Land operation rights "three rights separation" system，It can be attributed to the traditional classics system of our country，It embodies the ancient people's own place、Wisdom of life with mutual benefit，instead of separation from Roman law ownership from the use of beneficiary rights、The logic of the establishment of secondary use of beneficiary rights on top of the beneficiary right is explained to explain the transfer of land operation rights。

2，"Civil Code" formed the systemic knowledge of Chinese civil law。The system is the life of the Civil Code。"Civil Code" before promulgation，In "Mature one、Formation of one "legislative guidance idea，my country's civil union legislation is manifested as the characteristics of the department's law codes，For example, the "Infringement Liability Law" before the implementation of the "Civil Code" is the category of infringement liability legal specifications，The Contract Law is a codes for the legal specifications of the contract。The Civil Code、System compilation、Unified improvement，Realized the de -codeization and re -code of civil single -line law，This constitutes the systematic knowledge of civil law。In the "Civil Code" system，Civil Law bet365 best casino games knowledge has uniform characteristics，This is not only conducive to the spread of civil law knowledge，More judicial unity application provides the basics。

third，"Civil Code" confirmed the common knowledge of Chinese civil law。Based on my country's unique national conditions，Chinese Civil Law Knowledge has international voice weak、"Double Poverty" features with weak domestic voice，and the Civil Code as the Basic Law of the market economy、Declaration of rights protection、The encyclopedia of the people's life，The establishment of my country's market economy in the form of a codes、Protection of people's rights and interests、Common knowledge of the development of human rights cause。The popularity and publicity of "Civil Code" is the enlightenment of the civil rights of the Chinese people's civil rights to a certain extent，It is a process of gradually cultivating the spirit of civil law。At the same time，The Civil Code provides a platform and foundation for the international dialogue of Chinese civil law knowledge，Provides the compilation of the Civil Code of the world。Especially the personality rights law independent compilation，Change the pattern that the German Code influenced by Savini is not valued by personality rights，It shows the height of the protection of civil rights of the Chinese people。

fourth，"Civil Code" constitutes the value kernel of Chinese civil law knowledge。Article 1 of the Civil Code clearly stipulates that promoting the core values ​​of socialism，Established a socialist core values ​​and traditional morals、Martyrs culture is the center，Social harmony、People ’s rich country、Husband and wife loyalty、Husband and wife loyalty、Bet365 app download Long -term order、Consensus value of social care is the basic content。Chinese Cultural Genes of Core Values ​​of Socialism，Leading the Code Code、Explanation、Judicial application and legal education。Under the background of diversified value，Follow the core values ​​of socialism，Guarantee the harmonious unity of society，Stabilized the good situation of my country's socialist cause and the development process of the market economy。

　　Interpretation of Chinese Civil Law

"Civil Code" as knowledge on paper，To become a Chinese civil law scholar、Consensus from the public，To a large extent rely on the knowledge of Chinese civil law practice。Interpretation of Chinese Civil Law，It is the basic task of the Chinese legal professional community after the implementation of the Civil Code，It is also the key to constructing China's independent civil law knowledge system。

First，New Chinese Civil Law has developed for more than 70 years，After many scholars' unremitting efforts，I have already constructed my own civil law interpretation。But on the one hand，The doctrine of the interpretation of German civil law has also been striked on the implementation of Chinese civil law，Scholars have Germany Law in what kind of "doctrine" scholars respect、French law、Japanese Law、The tendency of American law; on the other hand，German Civil Law、The interpretation of Japanese civil law is also impacting the ontology of the interpretation of Chinese civil law。The traditional interpretation method and explanation path subject to the traditional explanation，We did not build beyond German civil law、Interpretation of Japanese Civil Law。Repeated discussions of scholars in social science law bet365 live casino games and the teachings of law，It is the epitome of how foreign interpretation is to build the interpretation of Chinese civil law。Interpretation of Chinese Civil Law requires independence，Realize the creation and innovation of legal methodology。

Next，Adhere to the locality of Chinese civil law knowledge、Systematic and common position。The localization of Chinese civil law is the basis of the interpretation of Chinese civil law。But the regrettable is，There is still German law in the theory and practice of our country、French law to explain the phenomenon of Chinese law。Typical understanding of the compulsory norms of civil law in theory and practice。Many scholars believe that the compulsory norms in civil law are the direct source of Article 134 of the German Civil Code，Known as a "referral clause" that is used as judicially，The misunderstanding of which actually stems from the incorrect understanding of German civil law and Chinese civil law。There is a big difference between the development of Chinese civil law and German civil law，German civil law is a code formed by German law from the "old paper pile" of German law，Essentially is an academic (scholar) category。Due to the private legal characteristics of the development of Roman France and the pureness of the scholar pursuit of the system，The German Civil Code was a pure private code from the beginning。But Chinese modern civil law develops from the transition from a planned economy to a market economy，The strong planned economy and the long -term control culture have always had a profound impact on Chinese civil law，Therefore, the Chinese civil law inevitably mixes the legal color of public law and private law。Fortunately bet365 live casino games from the beginning，Chinese civil law has realized the independence of civil law knowledge。From this，One aspect，The autonomy knowledge of Chinese civil law should remove the invasion of public law in the process of realizing independent continuous construction; on the other hand,，The nature of the administrative law itself and the tension of traditional public law culture are also constantly affecting public law。So，Understanding of compulsory norms，Can't be separated from the national conditions of the public and private mix of Chinese civil law to explain。

Last，Local nature in Chinese civil law、Under the position of systematic and openness，Construction of Chinese civil law interpretation in functionalism。The main attack of social science law for the teachings of law is the conservative and rigidity of the law of law and religion，instead of evaluating and consideration from social effects。Functional interpretation method on the basis of the teachings of law，The specific system in the civil code that needs to be implemented by the people's codes is regulated，To realize the autonomy of civil law knowledge。Based on the nature of the parent's investment to buy a house to the children, it belongs to gifts or borrowing as an example，From encouraging children to be independent and independent、Chinese traditional values ​​of the elderly，Parents' funding is not a legal obligation，It should be defined as borrowing。Not just interest on borrowing、Calculating time agreement、Extraordinary analysis of the teachings of claims，Defining it as a gift，This is more conducive to protect the interests of the group of parents，Be better to promote children'bet365 Play online games s independence、The traditional culture of Father Ci Zixiao。Functional interpretation methods can improve the shortcomings of the teachings，Adhere to the systemicity of the doctrine of law，Can better show the openness and vitality of civil law。

　(The author is the dean and professor of the School of Law of Zhongnan University)