The discourse system refers to the concepts of many concepts in this language、Theory、System expression of the ideological system composed of beliefs and experience。Construction of the discourse system of civil law with Chinese characteristics，Not a purely authentic analysis of my country's civil legal system，Not just the "innovation" in the interpretation of the Civil Code，Not the category of civil law、Concept、Simple conversion of the term or logical deduction of pure concepts，Instead, the practical foundation is based on the civil legal practice of contemporary China，To explain the theory of Chinese civil law、Judging the practice of Chinese civil law、Answer questions of Chinese civil law，On the basis of forming influence、Dignity、Authorized civil law discourse system。

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History Law School thinks，Law is the product of the national spirit。Different nations or countries have different civil law discourse systems。Concepts shown in different civil law discourse systems、category、System Design、Specific configuration and the value concepts and ways of thinking behind it，The real problems and relationships expressed in the expression are not exactly the same。One of the biggest features of civil law is，It is a social relationship that adjusts the reality with an abstract conceptual system and standardized system，Reflecting specific interests、Wishes and requirements。Therefore，Construction of the discourse system of civil law with Chinese characteristics，Neither can be collected by the discourse system of foreign law abroad，Not to judge Chinese civil legislation、The ultimate criteria for theoretical research of judicial and civil law。The discourse system of civil law Chinese characteristics Bet365 app download must have a clear nationality，evoke national self -confidence and awakening，By cultivating strong and confident Chinese national law culture，Enhance national identity and national cohesion。

The existing civil law discourse system is based on civil law is the basis of private law，Excessive emphasis on the technical and professionalism of the compilation of the Civil Code，Basically, the discourse system of the traditional mainland law system is followed。Taking the principle of integrity as an example，The integrity principles originated from Roman French goodwill lawsuits，The status of the basic principles of civil law after the 20th century，Living in many norms of civil law，Known as the "Emperor's Terms"，Value of general methods given to civil law practice: on the one hand，Is the court's explanation contract、Explain other expressions (such as will)，to adjust the basis and guidance principles of conflict between the parties; on the other hand，It is the court evolution law、The basis and guidance principle of filling the legal loopholes。The principle of integrity becomes the fundamental criterion for its effectiveness to run through the civil law，The concentrated reflection of the nature and laws adjusted by civil law。To a certain extent, it can be said，The discourse system since modern times is based on the principle of integrity as the principle of the highest guidance。

Socialist civil law discourse system with Chinese characteristics is guided by humanistic care.，Taking the full development of human freedom，Integrate personal level values ​​with the values ​​of society and national levels into one，Through confirmation and protection of civil rights、The design of the specific civil legal system and the proper configuration of civil law specifications，Convert the core values ​​of socialism into a very operable behavior guidelines，Through the practice and promotion Bet365 app download of the core values ​​of socialism to reflect the nationality and Chinese characteristics of the Chinese civil law system。

Under the leadership Bet365 app download of the core values ​​of socialism，The academic foundation of "Civil Code"、System、Content、Language reflects the unique spirit of the Chinese nation，It is the centralized display of the Chinese national civil law culture。Proposed from the beginning of the founding of the New China, the compilation is an end to the "Civil Code" and finally passed，Live more than 60 years。During the Code compilation, a wide and lasting academic debate，Formed a mature and growing talent team and mature academic thought。These arguments、Thought and Academic，A strong inspiration and inspiration of the nation's pride and self -confidence，Reflect that a strong and unique national spirit。The foundation foundation of the "Civil Code" is based on the theory of legal laws (especially Pandhadekton law) in the mainland law system and the beginning，But after the national habits and rules are combined with the nationalization and optimization of the national habits and rules，Code compilation、Structure、Concept、Systems and standardized configurations basically realize the nationalization of the discourse system of civil law、Localization。For example，Yongxuanquan rights in the concept system of the mainland law system、Concepts on the ground rights，"Civil Code" combined with the actual situation of the public ownership of my country's land，Created land contract management rights and replaces the right of Yongzhang，According to the needs of the development of the times，Constructed collective land ownership、"Three Power Division" mode of contracted right and management right。Another example，As the right to build land and affiliated facilities on the land of others，The ground rights in traditional civil law are also transformed by the Civil Code into the right to use the construction bet365 Play online games land (state -owned land) and the right to use the homestead (rural land)。The Chinese characteristics of the discourse system of civil law are more obvious，Its influence、Dignity、Authority has also increased significantly。

　　Practical features

General Secretary Xi Jinping once pointed out: "The era is the mother of thought，Practice is the source of theory。"Chinese question is the logical starting point of Chinese discourse，Chinese practice is the real basis of Chinese discourse。Construction of the discourse system of civil law with Chinese characteristics，Based on the practice and target -oriented of the practice of socialism with Chinese characteristics，Cannot interpret Chinese practice with foreign civil law discourse system，It is even more impossible to get rid of Chinese practice to refine a set of effective Chinese civil law discourse system。The great practice of more than 70 years established in New China，provides us with precious practical materials and broad development space for us to build a civil law system with Chinese characteristics。

Facing the civil law discourse system from the law of the mainland law，We must first answer what the inheritance and rejecting questions，The answer to these two questions depends on the practice needs of contemporary China。China has formed some legal traditions that have Chinese characteristics and still play a role in long -term legal practice，The particularity of the realistic and social conditions of China determines the uniqueness of the real background and needs of the response required for the discourse system of the civil law，The construction of a discourse system with Chinese characteristics must be based on the actual situation of China，Deliven to solve the Chinese problem，Pay attention to civil habits、Civil legislation、The scientificization of local rule of law resources such as "Chinese elements" in judicial and civil law theory、Systematic expression。Especially the practice since the Bet365 app download reform and opening up，Promoting the theory of civil law gradually get rid of the traditional theory，Thought from civil law、A new type of civil law theory and theory paradigm that is compatible with the practice of civil law with Chinese characteristics，Provides theoretical support for the construction of a socialist civil law system with Chinese characteristics。

　　Time Features

The era of the discourse system of civil law，The height of the spirit and characteristics of the era is reflected in it。"Civil Code" was born today where socialism with Chinese characteristics enters the new era，Under the new historical position，The construction of the discourse system of civil law must have the characteristics of the times。

The Civil Code is a reflection of the general conditions of socio -economic life，The discourse system with Chinese characteristics must be closely combined with social needs in specific periods，Continuously adapt to changes in society，A response and answering the question of the era。The discourse system of civil law is lacking in time，Copy photos of the discourse system hundreds of years ago，It will be severely disconnected from social life。Therefore，The discourse system with Chinese characteristics must be rooted in the soil of the era of China，Dynamics reflecting the development of China's new era，A response to the urgent problems that need to be solved by contemporary Chinese society，Give play to its leadership、Promotion、The role of protecting the development of socialist cause with Chinese characteristics。

"Civil Code" effectively responded to the main contradictions of Chinese society in the new era in the form of a codes，Answer the question of the times，Main manifestations: Dual -track protection through privacy and personal information，Set organ donation、Human embryo、Regulations on human genes，Clear data、The property right status of network virtual property, etc.，responding to the Internet、High -tech、The era of science and technology Bet365 lotto review explosion and technological progress in the era of big data; through the "green principle" and the specific rules set in each point，It responds to the era of environmental protection and ecological maintenance caused by the deterioration of resources and environment;，responding to the development trend of economic globalization; through no fault liability、Establishment of high -altitude parabolic liability and punitive compensation，A response to the times of the risk society。The Civil Code response to the above -mentioned times，The institutional basis for building a discourse system with Chinese characteristics under the new historical conditions。With the implementation of the Civil Code and the further deepening and expansion of the theoretical research of civil law，The expression of the discourse of civil law will have both Chinese characteristics and practical characteristics，It has a strong characteristics of the times。

Future，We must strengthen the system summary of the experience experience of Chinese civil legal practice since the founding of New China，Refine more new theory with rational nature，Summarize more regular new practice，Introducing more weight -sed research results。The study of civil law should focus on major practical problems in economic and social development，Focus on hot and difficult focus of the people generally cared about in the new era，Based on both the current and long -term，Through the implementation of the Civil Code，Taking the core values ​​of socialism as the leader，Digging new materials from the practice of my country's reform and development、Found new problems、Put forward a new point of view、Create a new theory。Based on this，Construction with Chinese characteristics、Practical features、The discourse system of the characteristics of the characteristics of the era。

　　(This article is the major project of the special project of the special project of the leading talent cultivation of philosophy and social science planning in Zhejiang Province, "Research on the Construction of Civil Law System of Chinese Characteristics" (22yjrc13zd)

(The author is a professor at Wenzhou University Law School)