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Reflection On The Legal Subject The Animals

Posted on:2006-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:F DuanFull Text:PDF
GTID:2166360182470590Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The establishment of the Chinese civil law that paid attention to by people is going on , establish a what kind of civil law, is not only the matter of domestic legal experts, is more concern the reconstruction of resident society, the option of spirit and the concept of private law problem. We need what resident society after all? What kind of citizen's society do we really need? Or it is the society of "citizens"simply in a jurist or the sociologist eyes? What is "citizens'"intension on earth? This is a question! Citizens are "people"after all, but this person is not "people"in the natural meaning, but "people"in the legal meaning. History of civil law has already lasted for thousands of years, from Rome to modern civil law, "people"with intension and meaning which run through whole politics, economy, and the heavy changes of history of culture already. Taking a broad view modernly, the person in the biological meaning has been become "people"in the legal meaning, namely "legal subject". And having a foothold on today's the formulation of the civil codes of the people of China, we must nowadays observe and consider the latest legislative achievement of civil legislation of countries all over the world and overall picture that the society develop changes naturally. Meanwhile, a 21st century great code of the people of China should absorb such key values as morals values, ethics idea, sustainable development idea, of human society of historical development. These key values are indispensable important components with which "citizen's societies " structure and improve too. Without the support of these key values, it is difficult to imagine that so-called " citizen society " and " citizen law " can match with "the title of honor " of "the 21st century great code of the people of China ". The formulation of the codes of the people of China is not totally that " system " disputes with " structure " to a certain extent, building and constructing on the system is taking concept as backing to a certain extent, but the concept is set up and renewed , on the development of the nature, politic, economic, and culture of the society. The spirit of the private law and choice of the system --The source and course and outlet of private law historical development of the continent have proved this effectively. "Humanism"or "gentle doctrine of the thing ", is set up on different legislative value orientation and idea in fact, but two kinds of doctrines are both unable to surmount the legal principle taking "I "as the centre to structure. The "I "is the mankind. The mankind has invented tools, but being controlled by the tool, people become tools. The mankind has conquered the nature, but unable to get rid of the natural vindictiveness, no one is able to make it clear that the mankind is the host of the earth? Or the mankind a natural son? In this linguistic context making people heavy, we have to review and construct again the existing legal idea. In such a job, the responding of private law (civil law) seems particularly essential. Someone is already thinking. People and natural harmony unify, should be the eternal proposition that we should consider. This paper divides into 5 parts. The first part " philosophy and the origin of universal life ", divided into 5 sections, elaborate life respectively produce , the relationship between animal and mankind, Chinese ancient times " sky and person joins one " naturally idea and the western thought of natural law, reach sages never regard mankind as the dominator of all things on earth, they coincidentally or samely regard certain kind concept as the rule of survival order, human is with other things like, is the common existence of equality only. Second part " its philosophy and the origin of right ", divided into 4, discuss right respectively produce , person region law and the essence of right's form and fact, thinking jump out of " human central doctrine " cage. Li right and law should be entire including the natural world service of animal. The 3rd part "its meaning and the existence of main philosophy ", divided into 3, exposition the form and expand of main part and legal main part, thinking any life should become legal main, is a historical accompany future proposition just. The 4th part " for continent law the animal law of civil law the deciphering of position standard ――Germany civil law is regular ", divided into 3, is an introduce respectively for the modification of continent law of civil law , discussing the reason for which German civil law work out foundation and modification. Thinking human central doctrine have defect gradually be discovered by the people of reason. Person in Reality can not get rid of the fate of tool, the behavior of person is confined by nature, and person can not surmount nature and so on. Human consideration problem should surmount narrow mainness thought from nature and the visual angle of universe, pursue " sky and person joins one " extent reached. The 5th part " conclusion: the Chinese civil law for legislative countermeasure and the attitude of animal position ", divided into 3, exposition animals do not be thing as reference as well as the legislative value of meaning, " inhumankind of central doctrine legal principle thought " raise , thinking civil law is a open system on essence. No matter considering from social properness, or the requirement of human social healthy development, should treat ecological morals and ethics as the content of the basic principle of modern civil law. Make my own suggestion on legislative countermeasure at last.
Keywords/Search Tags:Animal, Human, Rights, Subject, Inhuman centralism, Civil code
PDF Full Text Request
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