Olvyro Dilibato: Belt and Road Initiative and the road of rule of law
August 29, 2022 10:39 Source: "China Social Sciences", August 29, 2022, Issuyero Diliberto

  Professor Roman French Professor of the First University of Rome、The person in charge of the senior training class of the Roman French French、President of the School of Law; Professor Wenlan Lecture of Zhongnan University of Economics and Law; Director of the China -Italian Law Research Center; Chief Member of the Science Committee of the "Dorodoxi Code Study" of the Chinese National Social Science Fund; Coordinator of cooperative talent training "project。

"Civil Code", which was officially implemented on January 1, 2021, is a milestone for human rights protection,Promoting the development of the principles of the rule of law in China。Compared to the past legislation,New "Civil Code" is people -oriented,centered on people's dignity,The basis for promoting the ideal of socialism,meets modern needs,such as digital revolution and ecological transformation。New "Civil Code" is the result of the interconnection of different laws,It is the influence of foreign models and Chinese characteristics,and the fruits of cultural precipitation for more Bet365 app download than 5,000 years of China。where,In various interpretation modes,It can still be clearly seen that the new "Civil Code" has the Roman law mode。

I simply take the individual absolute rights in property rights as an example to illustrate。The Italian Civil Code and most other folk codes depend on the study of the Basic Basis of the Roman Fa in the first Code of the Modern Code,That is, the wondering in the Napoleon Code。Even after the unity of Italy,The definition of private property in the first civil code formulated in 1865 is still literally translated from modern French Civil Code。but,In Rome Fa,The absolute rights of personal property have not yet established,Still re -processing of the Basic Roman French foundation,This is also the result of the bourgeois revolution,Then it is inferred from it to determine the absolute and invasive concepts of private property。

The framework of the Roman law is ductantly and adaptive。The Code compilation system during the Napoleonic period was not determined by the legislators at the time,Instead of inheriting the Roman law,The content in the Napoleonic Code was absorbed by other modern codes。But,The compilation of the Chinese Code skipped the intermediary of the Napoleon Code,Self -Cheng bet365 live casino games Yin,Directly processed the Roman law。The regulations on property are the indicator lights of this phenomenon。China's Code did not place private property at the center of the right system,Nor did it not mention the absolute rights of private property and the uniform problem of private property。In Chinese law,Different forms of property exist in the same level,property rights are naturally the first of property rights,But there is no sacredness。We have always interpreted the contemporary people's codes like this,You need to consider the second aspect here,In the experience of Western countries,The birth of the Civil Code is far from the constitution from the constitution。Constitution of the Constitution in the 20th century,From the "Weima Constitution" in 1919 to the Constitution of the Republic of Italy in 1948,Constitution in all aspects of society reflects very progressive concepts。The Italian Civil Code was born in 1942,The Constitution of the Republic of Italy was born in 1948,There are six years of time span,This is not a long time in history,But the two (in content) are far away。

In decades,Italian -civilian jurists have always believed that the Constitution is almost a certain political Bet365 lotto review and ideological declaration,This is not accidental。Until the 1970s,Some scholars have begun to discuss the relationship between the Code and the Constitution,So the so -called "constitutionalization of civil law" began,and the basic rights according to the constitution,Reinterpretation of those basic principles。In China,This process is in turn。Modern Civil Law was born behind the Constitution。1982 Constitution promulgated,After several decades of revision,Therefore, the primary status of the Constitution and the protection of human rights。So,The civil code that appeared after the constitution is a tool to confirm the new rights。Implement the principles and priority of the law,It still belongs to the category of the socialist legal system。

Law is an extraordinary tool for promoting East and West Dialogue,It builds a bridge instead of building a high wall。In this field,China and Italy can carry out effective dialogue,This is also beneficial to the entire Europe。For this reason,We translate the "People's Republic of China" into Italian,By my student and colleague Huang Meiling completed the world's first complete translation。We have implemented this translation work,bet365 live casino games I also thank the University of Roman University and the Central South China University of Economics and Law in Wuhan。

other,2019,President Xi Jinping conducted state visits to Italy,Sign signed a cooperation agreement related to the "Belt and Road" initiative。President Xi Jinping published signature articles on the Italian important newspaper "Evening Post",Written in the text,"Zhongyi Friendship is rooted in the deep historical accumulation" "China and Italy are the outstanding representatives of Eastern and Western civilizations"。I wrote in an article entitled "The History of History in the History of China -Itality Cooperation" in the front page of "People's Daily" (overseas version).,It is under the instructions of President Xi Jinping,China and Italy implements cooperation between law universities,Cultivate legal talents with global educational background。There were two empires in the world。China and Western Roman Empire in the East,Italy is the inheritor of the latter,Therefore, Italy deserves to enjoy the long -lasting wealth left by the ancient Roman Empire。The ancient Roman Empire is the only recognized by the Chinese、Empire that can compare with ancient China,So we should admit this legal heritage。Bet365 lotto review Of course,Not only here,Italy is its spokesperson。

President Xi Jinping visited Italy and signed the "Belt and Road" cooperation memorandum,The memorandum involves Italy's joining the "Belt and Road" initiative,Including 29 cooperation agreements,Many of them involve business、Industry、Economic Field。In terms of institutional cooperation,In view of the number of world heritage between China and Italy, the number of World Heritage of the two countries is at the forefront of the world,The two parties signed a memorandum of understanding of the World Heritage Sites of China and Italy。other,The cooperation between the two parties also involves the field of science and technology innovation、Prevent the theft of cultural relics and return 796 cultural relics illegally lost to China to China。In this background,History again through cooperation、Communication、Mutual learning and respect can be continued,Silk Road intertwined with the road of law。

Editor in charge: Chen Jing
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link: Official Website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: 11-12, Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026