On The Ownership Of The Concept Of Private Law System In China

Introduction (chapter1) After putting forward the fundamental issue and relevant key points, I build up an analyzing stricture that takes private law as the focus, Eigentum as the outer discourse, and representation, practice and validity of legal system as the angels of view. Then, I introduce the desirable study methods accordingly. Argumentation (from chapter 2 to chapter 7) In chapter 2, I begin with the work of validating the concept of private law as analyzing instrument. In contrast to traditional principles of private law, Chinese private law system has obvious differences caused by the concept of Eigentum. In chapter 3, I summarize the researches on the meaning of Eigentum made by other scholars. On the basis of reflection, I propound an approach concerning discourses at different levels of institutional background. From chapter 4 to chapter 7, I analyze Eigentum, private law and their relationship in diachronic order. Before 1949, private law did not come up against the concept of Eigentum. In spite of this, the progressive substantiation of the heterogeneous factors of Eigentum, which repelled the principles of private law from the level of idea to the level of system, carried a foreshadowing of later extirpation of private law system. During the period of 1949 to 1979, as the result of the movements of socialist transformation and construction, the private law system was demolished to the ground and the market mechanism was reduced to a very limited scope as well. In chapter 6 and chapter 7, I analyze the tension between discourse of Eigentum and principles of private law from the level of representation and the level of practice respectively and sum up the negative effects on the validity of private law system. Conclusion (chapter 8) Based on the argumentation mentioned above, I refine, in the sense of jurisprudence, a core proposition for the whole dissertation, which concerns the law that regulates the validity of private law system during the process of interaction between outer discourse and itself.