The Vicissitude And Enlightenment Of Russian Civil Law

Russian civil law system was gradually established , attending by the foundation of Russia state. Owning to different historical conditions of each Czarist Russia states, they established different civil law systems. The law reform and private law idea began to burgeon in Czarist Russia from 19th-century to early 20th-century. During this period, the new currents of European thought impacted the political, economic, cultural, as well as philosophical systems in Czarist Russia. These new thoughts came to Czarist Russia at the right time, where the domestic social environment experienced great changes, and led to a succession of law establishing and reforming activities. In this case, the embryo of autonomy of private law was formed in Czarist Russia. The autonomy of private law principle was initially mentioned in the Russia Law, and established in the Civil Code Draft of Russia; the principles and spirits displayed in these legal activities and documents had reflected the civil law rebuilding and explanation activities with Russia characteristic. - In view of specificity of Russia state and nation, it only accepted proper clauses adapting to Russian conditions from traditional civil law with autonomy of private law at its core. Russian partial adoption of traditional civil law caused the limitation of autonomy of private law principle and principle in Czarist Russia, which was further demonstrated by its civil and legal life. Later on, the foundation of the Former Soviet Union smashed the Czarist Russia Government's dream to conditionally rebuild western civil law and gradually accept their civil law principles.When the Former Soviet Union is founded, its civil law made negative judgment to traditional civil law with autonomy of private law at its core. The autonomy of private law is basically defined from three aspects including independence of urban society, sanctify in private right, and freedom of contract, for the purpose of acquiring right and freedom for citizens. The civil law of the Former Soviet Union is established against the existence and development of traditional civil law. The former Soviet Union's negative attitude towards autonomy of private law principle can be attributed to the political and economic environment then, and some human factors. Actually, it is for one thing self-deceiving denial, and for another denial for lack of dialectic idea. Because the denial of private law and autonomy of private law can't in deed prohibit the vital phenomena in private law domain. The legal principles originated from social development play a natural and obscure role in society, for which the Russian legislator have to rename it. Since civil subjects in society are sure to embark certain civil juristic acts and establish certain relationship with others, then certain legal principles are needed to adjust these behaviors and relationships; the autonomy of private law principle is the right one, plays objective role, and can't be completely prohibited, no matter it is admitted or not. The extremity of Russian people has led to an extreme behavior of the Former Soviet Union's negative reacting to autonomy of private law. They didn't tell the profound function of autonomy of private law principle. The autonomy of private is judged with rank nature by Russia, and the denial towards it was actually the denial to capitalism and bourgeois. Russian never thought metaphysically that the autonomy of private law can also serve the Soviet civil and economic life. Controlled by civil law of the Former Soviet Union, the Russian public life went to deathly stillness, civil life reached imbalance, and the vigor and space of law was killed off.After the disintegration of the Former Soviet Union, Russian politics, economy and society has been developed, which promote the transformation of Russian civil law. The transformation of Russian society from planned economy to market economy saw the whole process of its disorganization, which is obviously showed by the largely issue of new laws and regulations. Furthermore, the transition from public ownership to private ownership was fundamentally required to be confirmed with legislation. Relying on civil code, the Russian Federation reconstructed a civil law frame, reflecting autonomy of private law principle, and regression of traditional value of civil law. Russian academia organized two crucial academic seminars in modern times including "Legislation Reform Road of the Soviet Union" in 1990s, and the "State and Law at the turn of a century". Some conceives and queries inspired from academic law reforming and new laws gradually promoted the adjustment and mature of Russian civil law.The regression of Russian civil law to put autonomy of private law principle at its core reflects a philosophical principle of "double negation". Meanwhile the distinctiveness of double negation road doesn't lie on a closed, ring-shaped, "affirmation, negation, then final negation", but an open and spiraling road. Furthermore, the double negation contains two-level negation, namely, one furious and another moderate negation. The furious negation indicates trampling of negation in Soviet Union era. While the moderate negation indicates the denial of blindly applying western legal mode without considering of national situations, completely abandoning former experiences, and the philosophical principle of "too much is as bad as too little". It is actually a negation loop, symbolizing the increasing of new contents in autonomy of private law.The affirmation of Russian civil law towards autonomy of private law aroused changes in individual standard and society standard in the society; in a way, it creates some social benefit. Unfortunately, there are still some defects in Russian anew affirmation towards autonomy of private law. Like firstly the uncompleted establishment of autonomy of private law endows citizens with limited rights to participate or intervene to social activities; secondly the design of relevant technical systems hadn't caught up with the regressed legal principle. In view of the prudent attitude of Russian law reform, we found that Russian civil law is stepping on a rational regressing and expanding way, which will surely promote and perfect its legal principle and system.Now China is in the social transformation period, since we have much in common with Russia, we can draw lessons from their civil law evolution. The execute value of this paper lies on borrowing successful development experiences for Russian civil law. The conclusion we have made is that China's civil code should be established from national situations, and strengthening the core status of autonomy of private law. On the one hand, to universalize civil law spirit; on the other hand, to realized the transformation from concept to system. Meanwhile, when advanced laws are brought in, we should lay great importance to localized reformation of them. China endeavors to establish a prospective and open legal system from juridical practice. In all, the close operation and interaction between justice activity and legislation link is the inevitable choice for China to realize its modernization of civil law.