Professor of Roman bet365 best casino games at Sapienza University of Rome、Head of Roman bet365 best casino games Advanced Training Course、Dean of bet365 best casino games School;Chair Professor Wen Lan of Zhongnan University of Economics and bet365 best casino games;Director of Sino-Italian Legal Research Center;Chief Member of the Scientific Committee of the China National Social Science Fund Project "Research on the Theodosian Code";Coordinator of the Italian side of the “China-Italy ‘Belt and Road’ Cooperation Talent Cultivation” project。
The Civil Code, which officially came into effect on January 1, 2021, is a milestone in human rights protection,Promoted the development of China’s rule of bet365 best casino games principles。Compared to past legislation,The new Civil Code is people-oriented,Focus on human dignity,Promote the foundation of socialist ideals,In line with modern needs,Such as digital revolution and ecological transformation, etc.。The new Civil Code is the result of the intersection of different laws,It is the mutual influence between foreign models and Chinese characteristics,And the fruits of Chinese culture for more than 5,000 years。Among them,In various interpretation modes,It is still obvious that the new Civil Code has the pattern of Roman bet365 best casino games。
I will simply take the absolute rights of individuals in property rights as an example。The Italian Civil Code and most other civil codes depend on the study of the foundations of Roman bet365 best casino games by the compilers of the first modern codes of bet365 best casino games,That is, the amazing Article 544 of the Napoleonic Code。Even after the unification of Italy,The definition of private property in the first Civil Code enacted in 1865 was a literal translation from the modern French Civil Code。But,In Roman bet365 best casino games,The absolute right of individuals to private property has not yet been established,Still a reworking of the foundations of Roman bet365 best casino games,This is also the result of the bourgeois revolution,Then infer from this the concept of the absoluteness and inviolability of private property。
The framework of Roman bet365 best casino games is malleable and adaptable。The codification system of the Napoleonic period was not determined by the legislators at that time,Inherited Roman bet365 best casino games instead,The contents of the Napoleonic Code were absorbed by other modern codes。However,The compilation of Chinese code skipped the intermediary of the "Code Napoleon",Self-contained,A direct reworking of Roman bet365 best casino games。The provisions regarding property are the indicator lights for observing this phenomenon。China’s code does not place private property at the center of the rights system,There is also no mention of the absolute rights of private property and the unity of private property。In Chinese bet365 best casino games,Different forms of property coexist on the same level,Property rights are naturally the first of real rights,But there is nothing sacred。This is how we always interpret contemporary civil codes,The second aspect needs to be considered here,In the experience of Western countries,The Civil Code was born far before the Constitution。Constitutions mainly appeared in the 20th century,From the Weimar Constitution of 1919 to the Constitution of the Italian Republic of 1948,The Constitution embodies very progressive concepts in all aspects of society。The Italian Civil Code was born in 1942,The Constitution of the Italian Republic was born in 1948,There is a span of six years,This is not a very long time in history,But there is a huge difference (in content) between the two。
In decades,Italian civil lawyers once believed that the Constitution is almost a political and ideological declaration,This is no accident。Until the 1970s,Some scholars have only begun to explore the relationship between the Civil Code and the Constitution,So the so-called "constitutionalization of civil bet365 best casino games" began,And in accordance with the fundamental rights in the Constitution,A period of reinterpretation of those fundamental principles。In China,This process is reversed。Modern civil bet365 best casino games was born after the Constitution。Promulgation of the Constitution in 1982,Revised several times in the following decades,Thus gradually and formally establishing the primacy of the Constitution and the protection of human rights。Therefore,The Civil Code that appeared after the Constitution is a tool for confirming new rights。Implementing the principles and priorities of the bet365 best casino games,It still belongs to the category of socialist legal system。
bet365 best casino games is an extraordinary tool for promoting dialogue between East and West,It builds bridges instead of walls。In this area,China and Italy can have a fruitful dialogue,This is also good for Europe as a whole。Exactly for this reason,We translate the Civil Code of the People's Republic of China into Italian,The world’s first complete translation was completed by my student and colleague Huang Meiling。We implemented this translation,I would also like to thank the University of Rome and the Zhongnan University of Economics and bet365 best casino games in Wuhan for their many years of cooperation。
In addition,2019,President Xi Jinping pays state visit to Italy,Both parties signed a cooperation agreement related to the “One Belt, One Road” initiative。President Xi Jinping published a signed article in Corriere della Sera, an important Italian newspaper,Written in the article,“China-Italy friendship is rooted in profound historical accumulation” “China and Italy are outstanding representatives of Eastern and Western civilizations”。I wrote in an article titled ""Historical Events" in the History of Sino-Italian Cooperation" published on the front page of "People's Daily" (Overseas Edition),It is under the instructions of President Xi Jinping,China and Italy implement cooperation in bet365 best casino games universities,Cultivate legal talents with global education background。There were two empires in the world。China in the East and the Ancient Roman Empire in the West,Italy is the successor of the latter,Therefore Italy deserves to enjoy the lasting wealth left by the ancient Roman Empire。The ancient Roman Empire is the only one recognized by the Chinese、An empire comparable to ancient China,So we should recognize this legal legacy。Of course,It’s more than that,Italy is its spokesperson。
President Xi Jinping visited Italy and signed a memorandum of understanding on “Belt and Road” cooperation,This memorandum involves Italy’s participation in the “Belt and Road Initiative”,Includes 29 cooperation agreements,Many of them involve commerce、Industry、Economic field。In terms of institutional cooperation,Given that the number of world heritage sites in bet365 best casino games and Italy ranks among the top in the world,The two sides signed a memorandum of understanding aimed at promoting the world heritage of bet365 best casino games and Italy。In addition,The cooperation between the two parties also involves the field of scientific and technological innovation、Prevent theft and excavation of cultural relics and return to bet365 best casino games 796 cultural relics illegally lost to Italy。In this context,History once again comes through cooperation、Communication、Mutual learning and respect continue,The Silk Road and the Legal Road are intertwined。
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