The Preliminary Investigation About The Standard Of Civil Law

The discussion about the problem of the standard of civil law is part of the category of legal philosophy, because the problems of philosophy are all about "person", the discussion about the standard of civil law certainly is operated around "person". The civil law standard means that civil law depends on what to be the start-point and destination and it expresses what kind of value criterion. As the closest law to dailing life, civil law is rich of living nature, it regards to satisfy people's need as start-point and destination, to widen people's character as guiding theory, to care and prove people as the highest value norm, all of the above are the right standard of civil law which regards person as basis. The theory researches about the problem are not very deep, they just normally use simple legal evolutional theory, considering it deriving from obligation standard to right standard then developing to society standard; and the related discussions intersect with each other and concepts have not been clarified. The writer considers the thinking method is irrational. Any kind of law is designed to satisfy the need of social subjects, so all discussions about the problem must be set about from its derivation, then it's possible to solve them essentially. The article discusses legal standard on a wider theory background and investigates the problem from various sciences of law, sociology, economy, philosophy, various angles and various levels, then proves that civil law inevitably regards person as basis, that is, right standard of civil law.