The Development Of Civil Law And Scientific View Of Development

There are many elaborates of angles actually, for the trend of the development of civil law under the instruction of the scientific view of development .For example, over-emphasize in legal value ,civil law standard ,and legal philosophy, can also launch to concretely specialize researches aim at each system .The problem that the scientific view of development and the development of civil law involve is more , being limited by the author's scholarship and the thesis scale , this text involves a few problems of the macroscopic aspect only .The text is divided into four parts , in addition to the preface and conclusion, it main introduction originally text writing scope ,the article structure and research method in the preface part .Chapter 1, The scientific view of development agree with the human nature of civil law . It main analysis the essence of the scientific view of development, the scientific view of development agree with the spirit of civil law ,and also instauration the position of the Organic Law of civil law .Chapter 2, The scientific view of development and civil law standard .Pass the review toward civil law basis, announce to public the natural choice of civil law standard under the guide of the scientific view of development by the review of civil law standard .Chapter 3 , The value of the scientific view of development and civil law . Analyze the worth in purpose and the value judgment of civil law under the guide of the scientific view of development. The worth in purpose means which values can be promoted . Such as freedom , safety ,equity justice etc . Chapter 4 , The harmonize of the system about the value of the scientific view of development and civil law . Civil law is a system , the main factor in the system is mutually to contact , have subsystem again .Civil law system is the subsystem of the legal system again in the meantime , be placed in contact with other subsystems ,and also be placed in contact with other social norm as a part in the legal system . So , it is necessary premise that the setting up of the harmonioussociety, noticing the interior and exterior harmoniousness inside the system of civil law under the instruction of the scientific view of development . Summary the guiding significance of the scientific view of development in the establishment of Civil Code in the end .With the guiding of the scientific view of development and the request of the setting up of the harmonious society , civil law should keep with the property of humanism , instauration the position of civil social organic law of civil law . Not only insist to take the basis of the rights and the right standard as the basic , but also should notice the problem of sociality . On the value, the justice is the best value, performance is the justice of belong , the justice of exchange and the justice of procedure ,nor the justice of assign and the justice of entity .It should also notice the trend of the individual appropriateness about the modern develop of civil law . On the harmonious of civil law , the communication and the coordination should be carried out between the internal system diapason and the exterior system of civil law , without breaking the autonomy and the auto-conformity.