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The Impact Of Legal Sociology On Civil Law Of Republic Of China

Posted on:2007-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:M G LeiFull Text:PDF
GTID:2166360185965481Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the most popular jurisprudential trend, legal sociology was seasoned with Chinese thought of changing custom and regenerating society. It was introduced to china and was accepted by Chinese in early 20th century. During the course of indraft, many jurists who had deeply influenced by eastern and western culture made great contributions, juristic education and culture intercommunion played a key role as well. After clearing the conception of legal sociology and drawing the whole nomothetic map of China, the thesis focuses on the third and fourth parts which respectively describe the civil and commercial intercourse habits and the private-law socialization.During the period of transition between the Qing Dynasty and the People's Republic of China, two extensive and deep surveys of civil and commercial intercourse habits were successively carried out of which, the former focused on legislation and the later paid great attention on jurisdiction. The investigation was inquiring and report, and researchers mostly were judges, who investigated all around china except five provinces. In the end, the surveys of research had less impact on the Civil Code of People's Republic, but the significance of the research can not be neglected.The conception of civil law′s civilizing restored relationship between law and society, and accommodated with the major principle of Chinese legal system reformation. Deeply affecting the code by analyzing civil rights, the principle of civilization impenetrate the whole Civil Code of People's Republic of China. The civilization of civil law is the basement of modern civil law, from which found out the standpoint of putting the civil law in force.On the whole, the legal sociology that brought was found out such great impacts on the civil law of People's Republic rest with following factors: the legal sociology was the most modern theory at that time, and it perfectly relieved the collision of codex and society. The law-officers made a correct choice with regards to the tradition culture and the social background.
Keywords/Search Tags:legal sociology, the Civil Code of People's Republic of China, investigation of civil and commercial intercourse habits, socialization of law
PDF Full Text Request
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