On Values Of Civil Law In Society-transitional Era Of Chinese Mainland

This article intends to study values of civil law theoretically and practically. Based on the theory of rule of law and practical experience, civil law plays the role of the basic law of a civil society and the legal foundation of a harmonious society, promoting interactive development of a civil society and a state. It is noted that values of civil law function in building up and assessing civil law systems. This author thinks that we should lay emphasis on studying on values contained in civil law systems for the purpose of constructing civil law in society-transitional era of Chinese Mainland. Furthermore this author considers the fundamental inner values of civil law in transitional Chinese Mainland include the value of equality -fairness born of civil subject system, the value of liberty -order born of civil behavior system and the value of security -efficiency bom of civil property right system.This article demonstrates values of civil law as follows:Part1 explores the construction of civil society and the creation of values of civil law, which lays the theoretic stone of the whole. This author analyzes the social foundation and the inner values of civil law from the perspective of harmonization of civil society and values of civil law, discussing the construction of civil society and the creation of values of civil law. On the one hand, the theory of civil society broadens the research perspective of values of civil law, directs us to change focus from state to civil society and promotes us to view and admire values of civil society objectively for the need of transitional Chinese Mainland. On the other hand, the theory of values of civil law, as the legal foundation of civil society, helps us explore how to construct civil society in China.In details, this author analyzes the social foundation of China's civil law, pointing out that civil law is based on civil society and society-transition means the re-construction of civil society and the social foundation of civil law. According to legal-sociology, there exists a natural inner relation between civil law and civil society, and the forming of civil society is exactly the evolving of civil law culture from birth to mature, in which course values of civil law are realized. Furthermore, this author demonstrates theory of values of civil law in society-transitional China, reading thebasic theory of values of civil law, and clarifying the elements of values of civil law and their relations. This author contends that civil law is key to the construction of civil society in transitional China, the cultural genes of values of civil law arise from the creation of civil society culture, and civil law code is "the Bible of the People's Liberty" in transitional China, guaranteeing the people's civil rights and binding administrative powers.Part 2 studys the value of equality-fairness born of civil subject system. Civil subject system is the base of civil law systems such as civil juristic act, liability and property systems. So the value of equality-fairness is the primary and important element of values of civil law. In order to build up a harmonious society, the legal status of civil subject should be established equally and the personal relations of civil subject should be maintained fairness.In details, this author makes a jurisprudential analysis of civil subject systems and the value of equality-fairness. In transitional China, the value of fairness should be admired to solve the problem of inequality and realize substantial justice. It is noted that the value of protecting human rights and personal interests born of civil subject system can facilitate the generation of fair human relations in transitional China by guiding legislative act and judicial act.Part 3 researches the creation of the value of liberty-order born of civil juristic act system in transitional Chinese Mainland from the dynamic angel. With the transition from planned-economy to market-economy in Chinese mainland, laws need reforming accordingly. An individual will become the basic subject in free market, which requires the more increasing of his civil rights; while he will undertake more duties and liabilities for realizing the order of civil society.In details, this author makes a jurisprudential analysis of civil juristic act and liability systems and the value of liberty-order. Civil law is the body of private behavior rules in civil society. Civil juristic act system under the framework of private law is institutional mechanism of protecting the autonomy of civil subject, which is reflected by free trade in market economy and free personality in civil society. In transitional China, civil juristic act and liability systems regulate civil personal relations and civil property relations, activating the dynamic development of civil legal relations and, and promoting the realization of the value of liberty- order. This author thinks that values ofcivil law constitute the legal basis of civil society, and under the administrative mode of "big society and small government " modern civil law attains to the well-order of civil society and state, i.e., the harmony of civil society and state, and the reasonable balance of " right -power" system, we should define public powers correctly, which include the binding of administrative power and the strengthening of judiciary power. It is key to create the value of order in transitional China, embodying the new concept of civil society.Part 4 explores the creation of value of security-efficiency born of civil property right in society-transitional era of Chinese Mainland. In knowledge-based economy time, civil law is a right-oriented system comprehending almost all tangible and intangible property rights, which ensures and promotes static possession and dynamic utilization of property, and realizes safe market trade, resulting in economic efficiency of individual and society.In details, this author makes a jurisprudential analysis of civil property right system and the value of security-efficiency, and explores the development of civil property right system in transitional China. It is noted that real right system acts as the fundamental guarantee of security and efficiency in market economy, which defines the ownership of civil property, promotes civil property "from relegation to utilization" or "from possession to utilization", and realizes the most efficiency. Contract system is key to ensure the security - efficiency of the market transaction, and especially form contract is the device of the security - efficiency of the market transaction. Finally, faced with the occasional infringing or threatening of administrative power to civil rights and the conflicts of civil rights in civil society, the security - efficiency of civil property will have the full back of the strengthening of national judicial power. This author thinks that Chinese socialist market economy should prefer the value of efficiency, balanced with fairness. In fact, the nature of economy is to pursuer efficiency - benefits, while only law can realize fairness and justice.