Civil Law Applicable To The Basic Research

Preface. At the present time, the study of the fundamental problems of application in civil law is of great importance to our country though it is arduous and miscellaneous. For long time, the weakly studying on these problems by civil law educational circles in our country results that the practical circles of civil law confuses in the conception of civil law application and be of low application technique. And then, the weakly studying on these problems by civil law educational circles results that designs on civil law system fail or distort in judgment jurisprudence practice to certain extent and the civil law spirits and conceptions are hard to take root among the life of civil society by judgment practice. It is the urgent needs for civil law educational circles that how to study applying civil law with the nature of word outlook and methodology. At the same time, because of civil law application problems per se of complexity and the extensive connotation, the diversity of the studying methods should be decided on the fundamental problems of civil law application. For instance, the study of the fundamental problems of civil law application requires the historical observing firstly in order to review the history trains and development of the civil law application, requires a frontier research on branch law in order to observe micro-impact that procedural law, judicial system to the civil law application, analyze the norm of law in order to establish the foundation for the right of claim foundation, the reasoning of the civil law application and civil law interpretation, requires the philosophical deliberation by jurisprudence crossexamining in order to respond to the questions about the modernization of civil law interpretation, the substantial reasoning in civil law application, judicial discretion in civil law application, requires the positivism and sociology methods in order to study the social effect in civil law application, in addition, requires the economic analysis in order to balance the benefits and realize the efficiency, justice and right of the given cases.Chapter 1 Research on content of the civil law application. Because the conception is the foundation of the theory, author of this dissertation firstlyexplores the content of the civil law application and extension that should be included. At the same time, as the cushion of the civil law application methodology stretching, the author simply talks about the close relation between the concept development of the civil law application and evolution of the civil law. The author holds that, the mechanism and rigidity of the civil law application castrate the adjustment function that the civil law to the society, make civil law become "dead law", aggravate tension between the civil law of modern times and real society and urge the modern civil law waning step by step. However, the free law movement activated the civil law, made the civil law respond to the social variance of world of modern times, keeping youth and vigor. The variance of the notion on the civil law application reflects the proceeding that the civil law of modern times move to contemporary civil law from one side, it is significant to deeply read the track of development on civil law. Basing on exploring some problems that current Chinese civil law faces, the author addresses that the civil judges of mainland need to renew conception on many problems of civil law application and change on methodology, otherwise, the judges cannot shoulder arduous and complicate trial task during the reforming times.Chapter 2 The historical reviewing of the civil law application. Studying civil law application should comb out the history train of the civil law application firstly, clean up the origin, historical change and development of the civil law application and then delineate a dynamic general picture for civil law application. The studying of civil law application in our country should base upon the source of the ancient civil law application, research the historical general sit...