On The Source Of Civil Law

The source of civil law is a basic and important issue in the realm of civil law. In recently years, our country are reforming jurist system and ruling civil code. It is a very important thing to study the experience of developed countries, inherit our tradition, and conceive the structure of civil law. After compared the source of civil law in continental-law countries, common-law countries and our country, this thsis studied the real conditions of China and advanced some advice on making rules about the source of civil law in our country.There are five parts in this thesis which include introduction and straight matter. In the part of the introduction, I analyzed the important of studying on the source of civil law and introduced current thories. Then bring forward the topic which will be discussed thereunder. In the first part of the straight matter, I introduced the conception about the source , the source of law and the source of civil law, and analyzed the category of the sources of law, compared the difference between the source of civil law and criminal law and administrative law, and then made a conclusion that the source of civil law is the every parts which makes up of civil law. In the second part, I studied the history of the source of civil law from Roma , middle-ages to latter-day and modern times. The third part compared and analyzed the source of civil law in continental-law and common-law, reviewed the involvement from concept law to the freedom law movement, then analyzed the different idea foundation in continental-law and common-law and pointed out the difference and similitude. The fourth party researched our country's source of civi 1 law, which reviewed the law resource in Chinese history , concluded that positive law is the main form in the history of china , and analyzed current civil law in china, pointed out the limitation and deficiency. Finally, when analyzed the part of source of law between several civil law draft, I advised my view on this question.