[Academic China · Law] Wang Yi: Chinese Civil Law in the era of the Civil Code
October 21, 2021 10:45 Source: "Chinese Social Sciences", October 21, 2021, Issue 2270, Issue 2270

  

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Vice President of Renmin University of China,Secretary of the Party Committee of the School of Law of Renmin University of China、Dean,A special professor of the Yangtze River Scholars of the Ministry of Education。Participate in the Contract Law、Property Law、Infringement liability Law、The drafting work of experts such as the Civil Code,Published "Real rights change theory", etc.,Published a number of papers in "Chinese Social Sciences", "Chinese Law" and "Law Studies",President and Secretary -General of the Chinese Law Society Civil Law Research Association。

May 28, 2020,Thirteen Session of the Thirteenth National People's Congress review and approve the "People's Republic of China" (hereinafter referred to as the "Civil Code"),This is the first law named after the "Code" after the founding of the People's Republic of China,It is the major achievement of the construction of socialism with Chinese characteristics in the new era。"Civil Code" has an important position in the socialist legal system with Chinese characteristics,Is a solid fundamental、Stable expectation、Long -term basic law,To promote the country in accordance with the law、Accelerate the construction of a socialist rule of law,For the development of a socialist market economy、Consolidate the basic economic system of socialism,For the people -centered development idea、Maintain people's rights and interests according to law、Promote the development of human rights in China,Modernization of promoting the national governance system and governance capabilities,It has significant significance。Credit and Implementation of the Civil Code is the vivid practice of Xi Jinping's thinking of the rule of law,provided rare historical opportunities for the development of Chinese civil law。

Chinese civil law in the era of the "Civil Code" must adhere to the guidance of Xi Jinping's rule of law,Based on China's national conditions and reality,Strengthen theoretical research on the civil legal system,Build a distinctive Chinese characteristics as soon as possible、Practical features、The theoretical system and discourse system of the characteristics of the times。To achieve Bet365 lotto review this goal,Chinese civil law first needs to improve the internal dialogue and external dialogue ability of civil law。

On the one hand,At a considerable historical stage,A prominent feature of Chinese Civil Law in general is that it focuses on institutional research。The so -called more focused institutional research,Mainly refers to the comparison of civil law research on the following four aspects: First, from the perspective of explanation theory,Clarify the meaning of relevant legal rules in my country's current civil legislation,Flows to determine a relatively clear for the application of the law、Proper premise,Provide comments for referees' referee activities for referees; second, from the perspective of legislative theory,Point out the lack of current civil legislation in my country,and put forward the opinions of further changes or improvements,For the reference of the legislature to improve the civil legislation; the third is to target practical problems in real life,Spell institutional countermeasures from the perspective of civil law; fourth is to translate the civil law system outside the domain、Introduction、Comparison、Analysis,Proposal that should be used for reference and how to learn from or clarify the reason that should not be reference。Civil Law and Studies are in the institutional research of the above four types of institutional research,Phenomenon of logical analysis methods that excessively rely on the law。

To change this situation,Chinese Civil Law should be committed to constructing an internal academic platform,Based on this academic platform,Civil law scholars can conduct effective communication and communication on related issues。In terms of constructing an academic platform within Chinese civil law,A very effective way is to emphasize in the process of discussing institutional issues,It should follow the requirements of the system for compulsory,Adopt a systematic thinking method。What needs to be pointed out is,Systematic thinking method and typical thinking method are two basic legal thinking methods。Type -based and systematic thinking methods are accompanied by each other,Ru Ying Suithell,Is two sides of a coin,Beard cannot be separated。When we make the type of thinking according to certain standards, we are distinguished by the type,It is also the construction of the system; and the system construction of our thinking objects,Based on the type of division bet365 Play online games of the thinking object。

The so -called system compulsory here,refers to the structural stress of the civil law system for integration,strive to achieve consistency and implementation,There are not enough and legitimate reasons for not sufficient and legitimate reasons,Do not set exceptions。Civil law scholars in the process of conducting institutional research,Adopt a systematic thinking method,Follow the requirements of the system for compulsory,Including two aspects: First, it should follow the requirements of system compulsory in the substantive sense。Civil law scholars in the process of discussing institutional issues,The harmony of the value orientation between the legal system should be maintained。In the process of discussing institutional issues,Discussioners should respect the minimum value consensus of the civil law industry,and follow the proofs of discussion of the value of civil law value judgment issues derived from this。There is no enough and legitimate reason,In the process of discussing institutional issues,Conclusions that must not support the value judgment of the exception of the basic value orientation of civil law。Second, it should follow the requirements of system compulsory in the form of system.。Civil law scholars in the process of discussing institutional issues,The logical harmony between the legal system should be maintained。

​​On the other hand,Scholars need to be committed to building various disciplines of civil law and law、academic platforms between the fields of philosophy and social sciences。Improve the dialogue ability of civil law is to further strengthen the construction of Chinese civil law itself、The needs of the level of research on Chinese civil law,It is the basis and premise of further enhancing the ability to respond to Chinese civil law's practical response to the practice of Chinese civil rule of law and the ability to influence the research on domains。

The second typical defects caused by the logical analysis method of relatively focused on institutional research and excessive relying on the law are "self -closed",In the old saying, it is easy to "see trees,No Forest ",restricted the external dialogue ability of civil law。Self -closure is mainly reflected in the logical analysis method that excessively relies on the law during the process of conducting institutional research。Discussioners often ignore the differences between the logical analysis methods of the law and other legal analysis methods,That is, the logical analysis method of the law belongs to the demonstration method that does not add any new persuasive factors,Using this method, of course, you can maintain bet365 best casino games the basic discussion qualifications of the discussion,But the theme of the desire to be demonstrated cannot play any positive syndrome function。And the logical analysis method that is excessively dependent on the law will eventually lead to it that the issue of civil law is just a question of civil law scholars,Civil law scholars in the process of conducting relevant institutional issues,Lack of laws other than civil law,Channels for benign communication and communication with philosophy and social sciences other than law,I intentionally or unintentionally created a relatively closed civil law and surgery world。This self -closed not only makes the research methods and research results of other disciplines other than civil law cannot become a knowledge resource for civil law research,It also makes the issue of civil law a problem of pure civil law scholars,Scholars in other disciplines cannot cut into the issue of civil law issues,Formed artificial knowledge isolation。As a result, various disciplines of civil law and law、Lack of dialogue between dialogue between philosophy and social sciences。

That's for this,A possible path is the thinking of "Yuanmin Law"。"Yuanmin Law" contains academic consensus with the lowest degree of national civil law research。From the academic development practice of Chinese civil law and experience outside the realm,The core of "Yuanmin Law" consists of two parts: First, think about the ideological resources of the issue of civil law,These ideological resources and discussionists will be orientation、See you before、Preference、The shape of the habit; the second is to think about the analysis framework of the issue of civil law,This is the methodology of civil law。Think about the ideological resources of the issue of civil law,Must be aware of the various disciplines of civil law and law and the fields of philosophy and social sciences.,The core and key issues they are concerned about can ultimately be attributed to how to view people's questions、How to view the question of home、How to view social issues、How to treat the country's questions、How to view human beings、How to view the problem of nature,Thinking of these issues of different disciplines can communicate and communicate,Reference to each other,Learn from each other。

Think about the analysis framework of civil law issues,It is related to the type of civil law issues.,This is the key point to talk about。Whether the discussion needs to be applied to the rules or rules of the civil law,The issue of civil Bet365 app download law can first be distinguished into the issue of civil law and pure civil law issues: the conclusion of the discussion is designed or applicable to the rules of civil law,belonging to the issue of civil law; the conclusion of the discussion is not to be designed or applicable to the rules of civil law,It is a question of pure civil law。Discussion issues belong to the issue of civil law,Still belonging to the problem of pure civil law,Most of these problems belong to legislative technology。Civil Law Questions,Follow the target、Different discussion of the content,It can be further divided into factual judgments、Value judgment question、Explanation selection Question、Legislative Technical Questions、Judicial Technical Questions。

For example,Facts in the issue of civil law,Follow what types of interest relationships exist in the life world,What is the strategy used to coordinate these interests in the past,What is the goal of using these coordination strategies,To how much these coordination strategies have achieved the goal。All these,Both belong to the object of attention and discussion content of the facts of facts。Discussion conclusions of facts judgment,Directly determine whether to start the value judgment problem in order、Explanation selection Question、Discussion on legislative technical issues and judicial technology issues。For example, the application of the analysis method through social empirical analysis,Through a detailed and comprehensive social survey,Carefully sort out analysis of first -hand information,Determine that there is no specific type of interest relationship in real social life,No need to consider making value judgments on the interest relationship of this type of interest in the "Civil Code"。Only through the use of social empirical analysis methods,Discovering a specific type of interest relationship,Only need to follow up how to make a value judgment,Based on the conclusion of value judgment,Explanation selection,Weighing Legislative Technology,Use judicial technology。As far as the discussion of facts judgment is concerned,The conclusion is in line with the actual social life,This conclusion is "true"; if it deviates from the actual situation of social life,This conclusion is "fake"。That is,Discussion conclusions of facts judgment,There is a division of authenticity。

Value judgment in civil law issues,What types of interest relationships Bet365 app download are suitable for coordination with civil law; in the face of conflict interests,What types of interests are realized,What types of interests to prevent the realization of the interests; which types of interests are preferred,What types of interest prefaces are realized after implementation。In other words,Value judgment in civil law issues,Focus on the choice of interests and the sequence of the order of interests。Value judgment in civil law issues,First of all, it is not a question of true and false,and in the context of diversified value orientation,Conclusions for different values ​​that meet the core values ​​of socialism,There is no right or wrong。Discussion on the problem of specific value judgment,It should also be combed and determined the value orientation of most people with the method of social empirical analysis、What is the value consensus shared by。It is in line with the core values ​​of socialism,Value orientation held by most people、The value judgment conclusion of the value consensus shared in the shared value consensus,It is the value judgment conclusion with a higher degree of acceptance。Under the legal tradition of the law,You need to use limited legal provisions to cope with infinitely rich social life。To achieve this goal,You must use professional、Abstract civil law terms to explain、expression、Description、Imagine various phenomena in social life。In other words,Only the transformation from the world of life to the civil law world,The Department of Law of Civil Law can effectively play its role。Explanation of the issue of the issue of the issue of the issue of the issue of the issue of the problem of the concern,What life phenomena in the life world need to enter the world of civil law,and what kind of concepts and terms in the world of civil law are explained to explain、expression、Description and imagination of life phenomena in these worlds。Explanation selection Question,No authenticity,There is no right or wrong。Different explanation selection conclusions,Only the difference in acceptance of acceptance,Which conclusion is more in line with the previous views shared by most people,This conclusion is a highly acceptable explanation selection conclusion。But you must not draw conclusions based on this,Astringent conclusions shared by a few people,is fake,or the wrong explanation selection conclusion。

You can be sure,Chinese Civil Law in the era of "Civil Code",Institutional research will still be the core component of the study of civil law,Bet365 app download is the foundation and premise of other types of civil law research,It is also the final destination of other types of civil law research。But Chinese civil law in the era of the Civil Code,A certain emphasis on institutional research should be a institutional study of systematic thinking methods.,Institutional research on research methods and research results for other disciplines should be。Only this,Chinese civil law in the era of "Civil Code" will not be scattered、Civil Law Studies without the foundation,Discussion on the issues of related civil law will not be a game on the bottomless chessboard。Only this,Chinese civil law in the era of "Civil Code" can truly make their own contribution to the growth of human knowledge。

Editor in charge: Zhang Yueying
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