Building a civil bet365 sports discipline system with Chinese characteristics
July 20, 2022 09:13 Source: "Chinese Social Sciences Journal" Issue 2452, July 20, 2022 Author: Zhang Pinghua

Constructing a discipline system of philosophy and social sciences with Chinese characteristics、Academic System、The discourse system is a complex system engineering。Among them,The subject system provides an academic carrier for the academic system and discourse system、Operation Basics,promoted the prosperity and development of both。This is for the legal discipline system,To a large extent, it is closely related to the corresponding legal system。The formulation and promulgation of the Civil Code marks the maturity of the civil bet365 sports discipline system with Chinese characteristics,And its implementation is bound to promote the further improvement of the civil bet365 sports discipline。The civil bet365 sports discipline system with Chinese characteristics is based on the overall foundation of civil bet365 sports,Continuously introduce derivative subjects, interdisciplinary subjects or even independent new subjects。

  System integration of civil bet365 sports

The Civil Code is not a collection of isolated legal provisions,It is a complete system that integrates private bet365 sports norms in different fields,This system structure determines the integrity of the civil bet365 sports discipline。First, the Civil Code deletes the public bet365 sports content of the original Marriage bet365 sports,Return marriage bet365 sports to civil bet365 sports instead of being an independent legal department,Also confirm the unique principles in the field of marriage and family、Allowing the existence of an exception system for identity legal acts,Maintaining the characteristics of marriage and family relationships,Effectively integrates the two basic fields of personal bet365 sports and property bet365 sports。Second, the Civil Code adopts a legislative system that integrates civil and commercial affairs,Compatible with for-profit legal persons、Non-profit legal person,Factoring、Assignment of creditor's rights,Warehouse、Typical civil and commercial systems such as custody,Created the act of resolution, which is mainly applicable to commercial bet365 sports,Confirm and protect equity、Legal rights and interests of partnership interests and other commercial entities。Third, the Civil Code stipulates general provisions on intellectual property rights,Expanded types of intellectual property rights,Strengthen the utilization and protection of intellectual property rights,Established intellectual property pledge (Article 444)、Technical Contract (Articles 843 to 887)、Distribution of intellectual property income from joint property of husband and wife (Article 1062)、Punitive damages for intellectual property rights (Article 1185) and other specific systems,Realized the integration of intellectual property bet365 sports and civil bet365 sports。

The "Civil Code" adopts the "combination of total points" model,The first part is General Provisions,is a general bet365 sports;The other six parts are divided into rules,It is a special bet365 sports。The rules are divided into two wings: "Relief bet365 sports" and "Rights bet365 sports",Part 7 of Tort Liability belongs to the Relief bet365 sports,Other sections basically focus on rights,Can be called the bet365 sports of rights。Since the rule of division is a special bet365 sports,should be given priority。When there are no specific provisions in the regulations,General provisions can play a supplementary role,Vice versa。For example,The civil liability methods and exemptions stipulated in the General Provisions can be directly applied to the Tort Liability Section。In "Total Score Combined" mode,The sub-sections are no longer isolated but are directly or indirectly related through the general principles,Based on legislative advantages, each section appropriately breaks through the inherent boundaries and establishes regulations that belong to other sections in nature。For example,The right to claim for value recovery specified in the Property Rights Section、The right to request for additional security is a remedy for breach of contract;Stipulated in the Property Rights Section、The right to claim damages in the marriage and family section is a tort remedy。Each chapter can learn from each other in terms of legal application,The property rights system based on tangible objects can be applied to the data of intangible objects、Online virtual property and even personal information,The personality rights system can be expanded and applied to identity rights, etc.。From this,The integrity and coherence of the Civil Code have been significantly enhanced。

  Derived disciplines of civil bet365 sports

Derivative disciplines of civil bet365 sports refer to emerging disciplines that are based on the overall civil bet365 sports system and emerge to adapt to the requirements of social development。There are two generation channels: on the one hand,Based on new technologies in civil and commercial practice、New business format、Derived disciplines arising from new transactions。For example,Driving with intelligence、Intelligent bet365 sports based on intelligent medical care;Built on big data、Data bet365 sports based on personal information;Trading online、Modern network bet365 sports based on blockchain, etc.;As for financial instruments or derivatives bet365 sports,can widely cover futures、Swap Contract、Diversified transactions such as forward contracts and non-standardized option contracts and their combinations。On the other hand,Although the policy is no longer a formal source of bet365 sports,But the policies of the party and the state are the basic driving force for the development of emerging disciplines。One,To effectively protect cultivated land,The Civil Code officially declares the basic land policy to effectively protect cultivated land,Use this as an intermediary,Relevant policies have also become an important basis for farmland protection,Thus forming a specialized farmland protection bet365 sports。Part 2,Promoting socialist core values ​​is an important policy goal of civil legislation,Follow this requirement,Article 185 of the Civil Code strengthens the protection of heroes and martyrs,On this basis,We have introduced the "Heroes and Martyrs Protection bet365 sports",And then formed an emerging discipline。Part 3,In recent years,Optimizing the business environment is a basic economic policy from the central government to local governments,In order to implement business environment policies and related measures,Resolving financing difficulties、Financing is expensive,Admit atypical guarantee,The Civil Code and relevant judicial interpretations actively expand guarantee methods,Atypical guarantee bet365 sports has gradually formed。

 For things involved in the derivative disciplines of civil bet365 sports,The Civil Code has often directly or indirectly provided for it,For example,The Civil Code already has special provisions confirming the protection of data、Online virtual property,There are no legislative gaps on the whole。However,The Civil Code is based on regulating tangible property,data、There are not many ready-made systems for online virtual property。This explains,There is a certain deviation between derivative disciplines and overall civil bet365 sports,Further institutional supply is needed。These institutional provisions can often be upgraded to specialized legislation、Special norm group,For example, to protect data、The "Cybersecurity bet365 sports", "Data Security bet365 sports", "Personal Information Protection bet365 sports", etc. are formulated for the purpose of network virtual property。It can also be developed into a systematic practice。For example,April 15, 2019,Central Committee of the Communist Party of China、The State Council announced the "Opinions on Establishing and Improving Institutional Mechanisms and Policy Systems for Integrated Urban and Rural Development",Clearly proposed to “reform the personal injury compensation system,Requirements to unify the compensation standards for urban and rural residents。In order to implement the requirements of the Party Central Committee,The Supreme People's Court specifically revised the "Interpretation on Several Issues Concerning the Application of bet365 sports in the Trial of Personal Injury Compensation Cases",Especially reflected in the disability compensation、The calculation standard for death compensation is unified to the per capita disposable income of urban residents in the previous year where the court where the lawsuit is filed。

  Interdisciplinary subjects of civil bet365 sports

The interdisciplinary subject of civil bet365 sports refers to the mutual penetration of civil bet365 sports and other disciplines of bet365 sports or disciplines other than bet365 sports、A comprehensive new discipline formed by integration。The real needs of social reality and the solution of complex legal issues often make it necessary to transcend the inherent discipline boundaries of bet365 sports: first, it requires us to break through the limitations of civil bet365 sports、Adopt multiple means for comprehensive management,Accordingly,This resulted in the intersection of civil bet365 sports and other legal disciplines。For example,Around high-altitude parabolas、An interdisciplinary subject of civil bet365 sports and criminal bet365 sports formed by the management of stolen goods;The interdisciplinary discipline of civil bet365 sports and civil procedure bet365 sports formed around the proof of the constituent elements of infringement;Criminal bet365 sports surrounding corporate compliance、Administrative bet365 sports、Interdisciplinary subjects of civil bet365 sports。The second is to require us to break through the inherent knowledge system of civil bet365 sports,Use knowledge or experience from other disciplines to understand legal phenomena,Give more objective and accurate answers to civil bet365 sports,This leads to the intersection of civil bet365 sports and disciplines other than bet365 sports。For example,The intersection of civil bet365 sports and economics is widely used to determine whether there is negligence、Establish whether business activities are legal、Whether rights have been abused, etc.;Interdisciplinary subjects based on civil bet365 sports and language philosophy also play an important role in civil bet365 sports interpretation or contract interpretation。

Interdisciplinary and derivative disciplines are based on holistic civil bet365 sports,But the difference is also very obvious。Interdisciplinary disciplines are based on the premise of recognizing the independent integrity of civil bet365 sports and other disciplines,The purpose is to learn new methods,Expand subject horizons,Expand the scope of disciplines。Derived disciplines based on the inherent connotation of civil bet365 sports、Canonical types as basis,The purpose of derivation is to enrich the connotation of civil bet365 sports、Enrich its normative content。With the development and growth of derivative disciplines,The relevant knowledge system will become further and further away from the civil bet365 sports discipline,There is no need to stick to disciplinary barriers at this time,It can be separated from civil bet365 sports and become an independent discipline。From this perspective,We support the establishment of data bet365 sports in the future。

  Future Outlook

A long time to come,The construction of the discipline of civil bet365 sports should be centered on the interpretation and application of the Civil Code。Whether it is special legislation or civil adjudication,Everyone must have the awareness to return to the Civil Code。In addition,In order to avoid the overstepping of judicial interpretation power into legislative power,Prevent the Civil Code from being vacant,Judicial interpretation must return to the Civil Code。Specific words,The issuance of judicial interpretations must be appropriately restricted: Interpretations promulgated for the application of the Civil Code shall be positioned as supporting and auxiliary systems of the Civil Code,Limit its content to the details stipulated in the Civil Code and cannot be created without separation from the Civil Code。At the same time,Civil and Commercial Guiding Cases are the product of discussions and decisions of the Judicial Committee of the Supreme People’s Court and are publicly released,It contains the latest understanding and judicial opinions of the Supreme People’s Court on the application of the Civil Code,In turn, attention should be paid to the guidance of guiding cases、Demonstration function,Give full play to the case guidance system to unify civil and commercial judgment standards、The role of promoting justice in individual cases。In civil and commercial adjudication,Effectively integrate the spiritual connotation and values ​​of the Civil Code,Let the referees have something to rely on。

The advancement of the development of derivative disciplines and the full independence of interdisciplinary disciplines,We must follow the scientific laws of development,Step by step。It is more appropriate to adopt a case-by-case approach rather than large-scale system construction,Consolidate the foundation for the construction of the discipline system in the advancement of individual cases,Promote system construction through individual cases,Complete system innovation in individual cases,In this way, we can steadily promote the construction of the civil bet365 sports discipline system with Chinese characteristics。

 (The author is a professor at Shandong University bet365 sports School)

Editor: Chen Jing
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