The Historical Reform And Contemporary Development Of Civil Subject

In a social system, rational desires of people are not only the original impetus of building a system, but also the direct basis of purpose value in this system. As the most important constituent part of the human social system, a private legal system covers rational desires of human beings as well as profound values. People not only seek rationality but also seek and confirm their own noble status in a private legal system. Civil subjects show people's status in a private law and are a core basis for the performance of a private legal system.Civil subjects express the core value of the private law required which is freedom and equality. Some specific systems in the private law, including civil rights system, property rights system and contract system, surround subjects and take subjects as their value bases. Rational requirements of civil subjects and value purposes of a civil subjects system become the basis and purpose of other private legal systems. In the evolution of human civilization, the nature of a private legal system as a tool increasingly become obvious, however, value implied in the system are lost constantly in the development.In the diachronic evolution of civil subjects, three phases including ancient times, modern times and contemporary times, can be divided in theory. In form, ancient civil subjects are in the state without freedom and equality as a whole, but they still have potential notions of freedom and equality. Modern civil subjects have got rid of all kinds of attachments and have realized freedom of personality and equality of notions, but they have deviated from their own core value in their evolution. Contemporary civil subjects have realized the renovation of notions in the modernized reform through which people seek practical justice, which is that transitional superficial freedom and equality move towards the dynamic balance between substantiality and formality. Therefore, in the evolution of civil subjects system, a value clue taking freedom and equality as a core exists distinctly or indistinctly all the time, which leads the historical reform and contemporary development of civil subjects.In the real evolution of civil subjects, social basis and deepen impetus exist all along to push their evolution and value renewal. Civilization of a private law originates from the west. Civil subjects system and western traditional legal culture trace back to the same root, which is on the deep basis of western economy, politics, society, culture and ideology. Chinese traditional culture regarding Confucianism as orthodoxy lacks the factors of a private law very much and requirements of core values which are rational freedom and equality of individuals. At present, Chinese civil subjects system is facing many problems involving economy, society and culture, which has becomes a bottleneck of further development. In the legal background, the development of current Chinese civil subjects system depends on rational building and perfecting of the system, clear value purposes, building social foundations and renovation of notions.