The Disputation And Coordination Of The Civil Law Principles

The principle of the civil laws, as the basic principle through the whole civil law, guides the acts of civil subjects. It has changed with the changes of the society. These changes may be reflected on the existence and abolishment of one special principle, also may be on the different connotation of the same principle in different times. In general, in modern civil laws, different kinds of civil law principles coordinated with each other, they influence each other and guide the civil legislation as well as judicial laws etc. However in the judicial practice, people have found that some fundamental principles are paradoxical with each other, how to solve this problem? In this paper, The writer analyzed and compared some related researches on such problems of some jurisprudents,civil jurists home and abroad, and try to find a suitable way adapted to our country.This thesis can be divided into four chapters. The general introduction of legal principles in the first chapter, the writer introduces the connotation, characteristics as well as the difference between legal rules, at the same time limit the scope of the civil laws principle. In the second chapter, the disputation between the principles of the civil law, the writer chooses it as the starting point. In the second chapter, the disputation between the civil law principle, the author chooses The Principle of Autonomy of Will as the entrypoint, argues that there widely exists disputation between the Principle of Autonomy of Will and the disgraceful consideration principle, The Principle of Autonomy of Willand the principle of good faith, The Principle of Autonomy of Will and the principle of civil main body and equality as well as other principles. Furthermore, the author states that the nature of the disputation between the civil law principles is that there is much possibility of disputation among the values of the civil laws contained by the civil basic principles. In the third chapter, in the examination of Jurisprudence of the module of resolving confliction among the legal rules, the author gave an introduction the resolving methods of the confliction between legal rules themselves, legal principle and legal rules, also the confliction among law principles. It it, the author pay great attention to Larenz's theory of the legal interest in the individual case of measurement, the theory of the Balance formula by Alex as well as the researches by the Chinese legal scholars Shu Guoying and Wang Xiahao . From this, it can be seen that the jurisdiction circle think universally that the way to solve the disputation between the legal rules and principles is to weigh carefully. However, how to make it more reasonable? It still needs researchers to work hard and develop and make it perfect. In the last chapter, in the coordination among the disputation of the civil basic principles, combined with the researches by some jurisprudents, the author had generalized that there exists three possible practicable approaches to coordinate the disputation between the civil law basic principles. The first way is wise jurisdiction arrangement, which can lessen the strength and intensity of the disputation among the civil law rules, in some sense. The second way is through the method of balancing laws in individual case in jurisdiction practice. And the last approach is that utilizing the judicial system of common legal proceedings to reconstruct the judicial proceeding system of our country and finally provide a system passage for the people involved and the society to participate the progress of judicial judgment in a right wayIn all, the writer thinks that, to coordinate the disputation among the basic principles of the civil laws, we should utilize other researches of jurisprudents home and abroad, combine the actual situation of our country, explore the methods which adapts to our country's law customs and social life. We need work hard from different aspects. Only by this, we can really solve such difficult problems in the legislation and judicial progress as well as doing a series of assorted system reformation in the entity and procedural laws.