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The Modern Value Of Civil Law And Its Transformation In The Ecology Background

Posted on:2007-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:J P LinFull Text:PDF
GTID:2166360182973292Subject:Sociology
Abstract/Summary:PDF Full Text Request
To cope with the existence crisis of human beings resulting from the ecological problems, civil law is facing an urgent task, i.e., how to reform itself to achieve the goal of harmonization between human and nature, human and society. With a view to give some hints for the reform of civil law, this thesis, beginning from the aspect of value judgment of law, and through the methodology of analysis and comparison, expounds the modern value of civil law and its transformation in the ecology background and puts forward some suggestions of the author. First, regarding the relationship between the value in general and the law in general, the thesis discusses the emergence of law, the functioning of law and the position of law in the process of reform and development and comes to a conclusion that the motive for the emergence of law is the valuation judgment, which is also the soul of the law existence. In the objective valuation system of law, order is the direct yet intermediate value, and justice is the ultimate value. Only the law conforming to the general valuation judgment of society can be accepted voluntarily by the public and be binding upon the public, thus bringing its regulative function into full play. The change of general valuation judgment of society constitutes the aura and drive for the development of law. The reform and perfecting of law shall concentrate on the value judgment. Second, regarding the value judgment of civil law, the thesis discusses its unique connotation, modern nature and the base for value judgment and draws the conclusion that civil law, as a private law, its nature decides that its value judgment shall be different from that of other laws. It mainly includes the ideas of "civil rights sacred", "equality" and "Prinzip der privatautonomie". Its modern nature is that it sets foot on the secular life, making the individual as the subject of interests, and the property as the content of interests. Its value judgment is based on the idea of the empiricism and utilitarian which are included in the economic thoughts and rational natural laws in the civil society. Finally, regarding the transformation of value judgment with modern nature, the thesis discusses the problems in the real life, the reconstruction of the ontology of the civil law value judgment and the transformation of value judgment in the ecological background and concludes that the problem of the modern civil law lies in the fact that there is not a coordination system for the double harmonic relationship between the human and nature, human and society, but a ontological epistemology of the mechanism as the precondition of the civil law value judgment, which is the ultimate reason of the problem of the modern civil law. In the author's opinion, the way out of this plight is, to be guided by the theory of ecology ontology, to reconstructure ontological epistemology, the basis of modern civil law value judgment, so as to achieve an adjusted modern civil law value judgment which combines the material rights and the spiritual rights, economic efficiency and ecology safety, individual interest and social interest, negative self-rule and positive self rule.
Keywords/Search Tags:civil law, value judgment, modern nature, ecology perspective, transformation
PDF Full Text Request
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