Construction of the discipline system of civil law with Chinese characteristics
July 20, 2022 09:13 Source: "China Social Sciences" July 20, 2022 Total Issue 2452 Author: Zhang Pinghua

Construction of the Social Sciences System of Philosophy and Social Sciences with Chinese characteristics、Academic System、The discourse system is a complex system engineering。Where,Disciplinary system provides academic carriers for the academic system and discourse system、Operating foundation,Promoting the prosperity of the two。This is for the law system of the law,To a large extent, there are closely related legal systems。The formulation and introduction of "Civil Code" marks the maturity of the discipline system with Chinese characteristics,And its implementation will inevitably promote the further improvement of the discipline of civil law。The discipline system of the civil law of Chinese characteristics is above the basic accumulation of the overall civil law,Continuously launch a new discipline or an independent new discipline for derivative disciplines or interdisciplinary disciplines。

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"Civil Code" is not the convergence of the law of isolation,Instead, a complete system formed by integrating private law specifications in different fields,This system structure determines the integrity of the discipline of civil law。First, the "Civil Code" deleted the public law of the original "Marriage Law",Make the marriage law return to civil law without an independent legal department,Confirm the unique principles of the marriage and family at the same time、An exception system for allowing identity legal behavior,It has maintained the characteristics of marriage and family relationship,Effectively integrate the two basic areas of personal law and property law。Second, the "Civil Code" adopts a legislative system for the unity of civil and commercial,Compatible with a profit -making legal person、Non -profit legal person,Factory、Debal Rights and,Ware、Typical bet365 Play online games civil and commercial systems such as custody,Creation of the behavior of resolutions such as resolution behavior,Confirm and protect equity、The legitimate rights and interests of commercial subjects such as partnerships and interests。Third, the Civil Code stipulates the general terms of intellectual property,Expand the type of intellectual property right,Strengthen the use and protection of intellectual property rights,Establishment of intellectual property pledge (Article 444)、Technical contract (Article 843 to 887、Intellectual property income distribution in the common property of husband and wife (Article 1062)、Specific system of punitive compensation for intellectual property (Article 1185) and other specific systems,Integration of intellectual property law and civil law。

"Civil Code" adopts the "total score combination" mode,The first editor is the general rule,is the general method; the other six editors are divided,is a special method。Divisions are based on the "relief method" and "rights law" as the two wings,Seventh editor's infringement liability editor belongs to the relief method,Other editors are basically rights as the main line,Can be called rights law。Since the division is a special method,It should be given priority。points without specific regulations,The general rule can play a supplementary role,Vice vice versa。For example,Civil liability responsibility method and exemption of the general preparation of the General Principles can be directly applied to the infringement liability editor。Under the "Total Binding" mode,No longer isolated between the branches, but the total or indirect correlation with the general rules as the bond,Each editor is based on the legislative cheap and moderately break through the inherent boundaries.。For example,Regulations on the value recovery of the property editor、The right to increase the burden on the guarantee is a breach of contract; it is stipulated in the editor of the property right、The right to compensation for the damage of the marriage and family editors bet365 live casino games belongs to the infringement relief。Law applicable to each editor to learn from each other,The property rights system based on the body can be used for data that can be used for intangible objects、Network virtual property and even personal information,Personal rights system can be expanded and accurately applied to identity rights, etc.。From this,The overallness and integration of the Civil Code have been significantly enhanced。

  Derivatives of Civil Law

Derivatives of Civil Law refer to emerging disciplines that appear on the basis of the overall civil law system to meet the requirements of social development。There are two aspects of generation channels: on the one hand,New technologies based on the practice of people and business、New format、Derivatives generated by new transactions。For example,Driving with intelligence、Intelligent law based on intelligent medical treatment; based on big data、Data law on the basis of personal information; use online transaction、Blockchain and other modern network law; as for financial instruments or derivatives,can be widely covered with futures、Interchange contract、Diversified transactions such as long -term contracts and non -standardized options and their combinations。On the other hand,Although the policy is no longer a formal legal source,But the policy of the party and the country is the basic driving force for promoting the development of emerging disciplines。One,To effectively protect cultivated land,"Civil Code" officially announced the basic land policy that effectively protects cultivated land,Taking this as an intermediary,Related policies have also become an important basis for the protection of cultivated land,thus forming a special cultivation of cultivated land protection。Its two,Promoting the core values ​​of socialism is an important policy goal for civil legislation,According to this requirements,"Civil Code" Article 185 to strengthen the protection of heroes martyrs,Based Bet365 app download on this,We also introduced the "Hero Martyrs Protection Law",Then formed an emerging discipline。Its three,In recent years,Optimizing the business environment is the basic economic policy from the central government to the central government,To implement the business environmental policy and related measures,Resolve financing difficulties、Financing expensive,Acknowledge the atypical guarantee,"Civil Code" and related judicial interpretations Actively expand the guarantee method,Gradually formed an atypical guarantee law。

Things involved in the discrimination of civil law,"Civil Code" often makes a direct or indirect regulation,For example,"Civil Code" already has a special provision to confirm the protection data、Network virtual property,There is no legislative missed。But,"Civil Code" is based on regulating tangible property,Data、There is not much ready -made system for network virtual property。This description,Derivative disciplines and overall civil law have a certain deviation,It also needs further institutional supply。The supply of these systems can often rise to a special legislation、Special standardized group,For example, for protection data、Network Security Law, "Network Security Law", "Data Security Law", "Personal Information Protection Law", etc.。It can also develop into a systematic repair method。For example,April 15, 2019,Central Committee of the Communist Party of China、The State Council announced the "Opinions on the Establishment and improvement of urban and rural integration development systems and mechanisms and policy systems",It is clearly proposed "Reform personal damage compensation system,Requirements for Compensation Standards for Unified Urban and Rural Residents "。To implement the requirements of the Party Central Committee,The Supreme People's Court specifically revised the "Explanation of Several Issues on the Application of Laws on the Application of Laws for personal damage bet365 live casino games compensation cases",In particular, it is reflected in the compensation for disability、Calculation standards for death compensation are unified to the per capita disposable income of urban residents on the place where the prosecution court is located。

  Cross Discipline of Civil Law

Cross -disciplines of Civil Law refers to the interconnection of other disciplines or other disciplines or laws outside the law of civil law、Comprehensive new discipline formed by fusion。The real needs of social reality and the solution of complex legal issues often make transcendence beyond the boundaries of the inherent disciplines of the legal science as necessary: ​​First, we require us to break through civil law restrictions、Take a variety of means for comprehensive governance,Correspondingly,Crossing of other disciplines of civil law and law of law。For example,Surrounded by high -altitude parabolic、Civil Law and Criminal Law Astrology formed by the governance of stolen goods; civil law and civil litigation law of civil law and civil litigation law formed by proof of the composition of infringement;、Administrative Law、Cross Discipline of Civil Law。Second, we require us to break through the knowledge system inherent in civil law,With the knowledge or experience of other disciplines, the phenomenon of perspective,Give a more objective and accurate civil law answer,This has produced cross -disciplines outside the civil law and law。For example,Cross -disciplinary disciplines of civil law and economics are widely used to determine whether there is any loss、Establish whether business behavior is legal、Whether rights have been abused, etc.; Cross -discipline based on civil law and language philosophy also play an important role in civil law interpretation or contract explanation。

Cross -disciplines and derivatives are based on overall civil law,But the difference is obvious。The cross -disciplinary discipline is based on the independent integrity of recognition of civil law and other disciplines,The purpose is to absorb Bet365 app download new methods,Expansion discipline vision,Expand the extension of the subject。Derivative Disciplines are inherently connotative of civil law、specification types as the basis,The purpose of derived is to enrich the connotation of civil law、Enrich its standard content。With the development of derivatives,The relevant knowledge system will get farther and farther from the discipline of the civil law,At this time, no need to adhere to the discipline barrier,It can make it separate from civil law into an independent discipline。From this perspective,We support the establishment of data law in the future。

  Future Outlook

For a long time in the future,The construction of the discipline of civil law should be closely explained by the interpretation of the Civil Code。Whether it is a special legislation or a civil judgment,Awareness of returning to the Civil Code。other,To avoid the right of judicial interpretation, the legislative right,Prevent "Civil Code" from being vacant,Judicial interpretation must return to the "Civil Code"。With words,The introduction of judicial interpretation must make appropriate restrictions: the explanation of the explanation of the "Civil Code" is positioned as a supporting auxiliary system for "Civil Code",limited its content as the refinement specified in the Civil Code and cannot be created from the Civil Code。At the same time,Cases of civil and commercial guidance as the product of the product discussed as discussed by the Supreme People's Court's Judgment Committee and released it publicly,It contains the latest understanding and judicial opinion that the Supreme People's Court applied to the Civil Code,Then you should pay attention to the guidance of guiding cases、Demonstration function,Give full play to the case guidance system in the unified civilian referee、Promoting the impartial role of cases。In the Civil and Business Judgment,Effectively integrate into the spiritual connotation and value concept of "Civil Code",Make the referees return。

Bet365 lotto review The development and advancement of derivative disciplines and the plump independence of cross -disciplinary disciplines,All must follow the scientific development law,step by step。The more suitable method is to adopt cases to advance instead of the construction of large -scale system,In the case of case advancement, consolidate the foundation of the disciplinary system construction,Construction of the system with the case,Complete institutional innovation in the case,This is to steadily promote the construction of the discipline system with Chinese characteristics。

 (The author is a professor at the Law School of Shandong University)

Editor in charge: Chen Jing
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