Research On The Principle Of Civil Law In Modern China

From the middle of 19thCentery, traditional legal system of China change to modern times legal system, traditional civil law change to modern civil law. The principles of civil law are the important character of civil law which directly determine the basic nature and value of civil law. The five principles of civil law which the thesis will research on are legal sources and application principle of civil law, the principle of good-faith, inviolability of property principle,the principle of freedom of contract and the principle of liability for fault which first have been regulated by Civil Law Draft Codification of Qing Dynasty. The thesis has combed these five civil law principles establishment, evolution and inheritance historical vein in the modern China, analyzed the modern China civil law culture vicissitude which these five civil law principles manifest, thus it will provide the historical mirror warning for our legislation of Civil Law Code.The full text altogether divides into eight parts.The first part is the introduction. This part mainly introduce the article writing goal and the material and the research technique which the article uses.The second part is the modern China civil law development general situation.This part mainly introduces the modern China civil law legislation.The third part is legal sources and application principle of civil law. This part mainly introduces the legal sources and application principle of civil law in West's historical evolution as well as in our country modern times development inheritance.The fourth part is the principle of good-faith. This part mainly introduces the principle of good-faith in West's development evolution, and the principle in our country modern times historical evolution.The fifth part is the inviolability of property principle. This part first introduces inviolability of property principle in West's establishment course, then elaborates this principle establishment in "the Qing Dynasty Civil law Draft"; Second section collects the Dali Court legal precedents which adopt the inviolability of property principle; Third section analyzes the regulation of the principle in "the civil law code of Republic of China".The sixth part is the principle of freedom of contract. This part first traces the principle of freedom of contract in West's historical evolution process, then elaborates "the Qing Dynasty Civil law Draft" to this principle establishment; Second section collects the Dali Court legal precedents which manifest the principle of freedom of contract; Third section elaborates the limit of civil law theory and civil legislation has been given to the principle of freedom of contract under civil law socialization ideological trend influence.The seventh part is the principle of liability for fault. This part first introduces the principle of liability for fault in West's historical development advancement, as well as elaborates this principle establishment in "the Qing Dynasty Civil law Draft"; Second section collects the Dali Court legal precedents which manifest the principle of liability for fault; Third section introduces the development of the priciple to law of torts after the legislation of Civil Law of the Republic of China.The last part is the conclusion. It mainly traces the vicissitudes of history of the five principles of civil law in modern times, inspects the culture changes they reflect in modern China, so that generalizing the useful insights for the making of Civil Law Code of our country.