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Comment On The Legislative Mode Of Codification

Posted on:2005-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiuFull Text:PDF
GTID:2156360125465067Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The question of legal codification has been a hotter topic in the legal life of our country all the time in recent years. A lot of scholars engaging in research on department law, specialty on civil taw and administrative law pay close attention to this question earnestly. But the response to the legal codification question from the theoretics circles of law seems not to be very strong, the systematized achievement of research on codification in terms of legal principle is rare. This thesis is a preliminary summary that the author is trying to carry on research in this respect. More than 50,000words of full text, are made up of five chapters altogether. The main con tent of every chapter is summarized as follows: Chapter one expounds the meaning of several pieces of basic conception in close relation with this thesis that explained mainly. Among this chapter, author investigates and compares various definition of code and codification of Chinese and foreign scholars, and has put forward one's own view of these two pieces of basic conception on this basis, and then is trying to define such legislative mode of codification and sum up its main characteristic briefly, thus make reparation for expansion of full text.Chapter two carrys on the simple retrospect to the later codifi cation movement of several world's famous families of law, section one mainly states the basic situation of latter codifi cation movement of the two offsprings of France and Ger many of civil law family, especially the situation and influence that the civil law codification of France and Germany made; section two is about the brief retrospect to the codification movement of Islamic law system and India law system which are the most influential ones in the religion law system; Section three mainly involves the modern codification movement from China and Japan which are the most important repre sentatives of older Chinese law family; the last section, section four of this chapter reviews the three famous debates between codification and non-codification named as Britain's debate. American Phitid-carter's debate and Germany's Diberg-Winnie's debate.Chapter three systematically analyses the reasons. why the legislative model of codification was established in western Europe where is the main birthplace of modern codification movement. This chapter divides into six sections togetherly, is about the basic reasons of modern west Europan codification movement, the analysis in depth comes from different sides as foundation of philosophy, theoretical foundation of law science, political system foundation, history and social culture foundation, aiming at making abundant for writings of the two coming chapters.The main content of chapter four is on the evaluation and analysis about legislative mode of codification, including its meanings and the code's inherent various limitations to law practice, then makes a deeper introspection to such legislative mode on philosophy basis. The first section of this chapter is on the political meaning of codification, section two is on it's history and culture meaning, section three is on the meaning of law development, section four sums up various Kinds of limitation of the code briefly, such as lagness, ductility, ineffectiveness and tecnlogicat limitation of to codify cation, etc. section five is a transfer to the analysis in depth the negative effect on law operation links, including legislation, justice, enforcement of law ,abiding by the law and legal super vision , etc. The last section of this chapter is on the various introspection to the philosophy foundation of codification from theory fields, this is also the concentrated reflection of the thesis.Chapter five the last chapter is the full text, made up of three parts, section one is about the author's under standing to reasonablizdness of law, the true meaning of law reasonablizedness, section two prove to the rational prospect of the legislative mode of future of our country that it is main ways that our country legislates in the futur...
Keywords/Search Tags:code, codicodification, legislative mode of codification
PDF Full Text Request
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