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Research On Codifucaiton And Its Theory And Methodology

Posted on:2005-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2156360122999394Subject:Law
Abstract/Summary:PDF Full Text Request
The tradition of the Codification is a vivid character of the Civil Law Tradition, at the same time, the Chinese building of the Rule of Law depends on compiling the Code. My thesis mainly analyzes the skeleton of compiling the Code of the Civil Law Tradition, on this base, explaining academic base and the meaning of legal system. According to the analysis, my thesis primarily concerns the value elements on four aspects of compiling the Code. Finally, trying to discuss the necessity and possibility of the Codification of the Chinese Civil Law briefly. The content is following:I The historical generality of the CodificationThis part briefly introduces the history of the Codification, the purpose is narration of Codification compilation on a special background, and the controversy with the development history of the Codification. II The basis and value orientation of the CodificationThis part briefly introduces the concept of the Code, analyzing the ideaistic and social foundation of the Codification. The value of the Codification consists in its principle and spirit.III The method of the CodificationAccording to the Science of Legislation, This part briefly introduces four value elements of building the Code: the value concern of the Code — the Natural Law and the rational method, the factual concern of the Code— the Historical Law and its ponder, the logic of the Code — the Analytic Law and modal rational of the Code, the integrated concern of the Codification — the Comparative Law and comparative method.IV The necessity and possibility of the Codification and the Chinese Civil LawAfter analysis the method of the Codification, This part briefly introduces the necessity and possibility of the Chinese Civil Law, and pointing out the key of the Coed compilation that must pay attention to the contradiction and the countermeasure.
Keywords/Search Tags:Codifucaiton
PDF Full Text Request
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