The Concept Of The Civil Law Under The View Of Contemporary Nomocracy

In this paper, the writing is in the contemporary period for the rule of law perspective, exploring good civil law system needs to develop the spirit and concept. Chosing the rule of law as a contemporary context is due to the responses to the changes the law has made to the society. The social phenomenon that China can not avoid during its constuction of modern law is that China's reform and opening up is in a period of rapid transition, Conflict of interest and gather highlights contradictionsIn this era, how to achieve a harmonious society, a resource-saving and environment-friendly society, and a highly developed economy while reducing the gap between the rich and the poor has become a serious problem which we have to face. The Civil Law, which is closely related to"human being", must be made full use of at this special moment. Looking back on negligence in the current construction of China's civil legal system as well as legal practice in the field of adverse phenomenon, the existence of the problem leads us to thinking about that: Is there any advantage in the construction of law in recent China by shaping the concept of Civil Law? Is there any influence, which is made by the problems China is facing, on the formation of realization of the concept of Civil Law under the circumstance of modern law? How does the concept response the requirement made by the modern law? How should we do to make the concept of Civil Law take root in the social life and provide the guidance to China's Civil Law practice? These will be my problem I am going to solve in my paper.The concept of Civil Law is the highest value and the ultimate aim of Civil Law, and this paper will start from the beginning of the concept of Civil Law,building the frame of the concept in the view of modern law, meeting the needs that the modern law faces and looking back on the performance of the loss of the concept of Civil Law. In this paper, I mainly discuss the problem of how to make the concept of Civil Law service modern law better. This paper is divided into six parts:Index: The introduction of the concept of civil law, the meaning of choosing the topic, the relation between civil law and the concept of the civil law,and the exploration of the concept of the civil law, including the discussion the procedure of the development, evolvement,finalize the design and maturityPart one: On the Origin: Explore the concept of the development of China and France, the evolution of stereotypes and mature. Western humanistic tradition of civil law concept into a "person" idea, Civil society to provide for its nurture social environment, Classical natural law thinking and the development of guidelines for the direction.Part two: On the theoretical system: It focuses on the frame of the concept of the civil law. It is based on the theory of the concept of the civil law and it fits the needs of human rights. It can effectively put the concept of the civil law inside the heart of the people while it also can change the theory into the law and it is good for the civil law system to be obeyed. This paper further express the core idea of the system in the invilolabitlity of private property, and the autonomy of private law is the whole frame of it.Part three: On reality: It mainly discusses the resposibility of nomocracy in modern times and the interaction of the concept of the civil law and nomocracy. It also gives an analysis to the requirement in the concept of the civil law if carrying out contemporary nomocracy.These can be achieved by cultivating the the concept of the civil law.Part four: On the idea of nurturing . It mainly focuses the behind scene of the loss of the concept of the civil law and gives a further analysis of why there is loss in the concept of the civil law with two reasons.It tells that the best respose to the requirement is the struggle to the right in the spirit of contractus contract, the transformation of the awareness in main role and the recommandation of the quality and integrity. Therefore, the cultivation to the concept of the civil law has to be improved by cultivating the the spirit of contractus contract. in the practice of the law and the improvement of social rules among all of the citizens.Conclusion: the article points out: the civil law concept required by contemporary should be based on ethical, Reflecting the concern of human nature itself, Detailing of the rule of law underlines the humanities, Sacring to privacy at the core, the overalling the framework for private autonomy system. Facing with the mission of the rule of law, civil law should focus on nurturing the concept of emphasis and on nurturing the spirit of contractus contract ethics in the practice of law on the improvement of the rules of civil society.