Private Law Concept Study

The relatively complete institutions of civil law has been set up in China, but as to the application, it hasn't done well .One important reason of the phenomena is the long-time lack of the idea of private law in China. To culture the idea of the private law is beneficial for the transformation from the traditional obligation-dominant culture to the right-dominant culture in China. Therefore, it is necessary to make a comprehensive research on this subject from different angles.The historical analytical method, the sociological jurisprudential analytical method, the logical analytical method and a coordinate logical structure have been adopted by the author in the research of the idea of private law. The thesis consists of three parts: the introduction, the main body and the concluding remarks. The introduction discusses the origin of choosing the subject, the aims of the research, the retrospect of and comments on the relative documents, the significance of the research, the structure of the dissertation, the means of the research and so on. The main body consists of four chapters. Chapter One "The Connotation of The Idea of Private Law", after defining the conception of the idea of private law (the inherent essence and the law of development of private law as long with the human's macroscopic, overall rational knowledge, grasp and construct of it.), the author discusses the basic connotation (sacred private right ,equal personality and autonomy in private law) and the historical development of the idea of private law. Chapter Two "The Basis of The Idea of Private Law" discusses the social and economical basis and the jurisprudential theoretical basis of the idea of private law. The civil society is the social basis of the idea of private law. The market economy is the economical basis of the idea of private law. The jurisprudential theoretical basis of the modem idea of private law is the theory of the subjectivity, the theory of the classical Natural Law and the theory of the classical liberalism. The jurisprudential theoretical basis of the contemporary idea of private law is the relative theory of the new Natural Law, the Legal Realism, the Sociological Jurisprudence and the Historical Jurisprudence. Chapter Three "The Influences of The Idea of Private Law " discusses the influences of the idea of private law on the contemporary administrative law and international...