Ethical Analysis On Natural Obligation

The natural obligation problem is the edge problem on law and morals, carrying on a theories study from the individual angle of view is to exam the rationality problem of the law. Lawmaking's giving law rules and regulations to the natural obligation is the consideration which proceeds from overcoming law to limit a sexual function to what natural obligation system have. The existing civil case law of our country doesn't have the general system of natural obligation to rule, only have part of concrete provision, the civil law educational circles is also fresh to have thorough researcher. Imperfection and theories of this kind of lawmaking study of neglect objective up make the judicial actual situation appear to the processing of natural obligation dispute bigger confusion, the verdict for have lacks candor. This text thinks that the civil law of our country builds up natural obligation system to have it the demand of reality, it also has the important meaning to perfect the civil case law the theories of our country, the current lawmaking treats to the natural obligation of our country needs to be perfected.This text from setting out the define of natural obligation, with the law and the morals crosses mutually, interaction for foundation, learned an angle of view to carry on to natural obligation this law phenomenon from the ethics analysis, adopted a research method of the ethics learning, the economics learning and together of the law learning, the ethics which combines the relation between morals and law and the civil law honest reputation principle to the natural obligation carried on to elaborate, the angle of view which thinks to learn from the ethics to the natural obligation carried on all-directions analysis, deepen its theories research, be advantageous to guiding judicatory fulfillment and support a social trustworthiness, keep antinomy from arouse turn thus, and Support the stability of social order.This text discusses research object, contents and purpose, research origin and research meaning and studies way of thinking and method in the preface, the text divides five parts:The first part: Carried on a define to the natural obligation, mainly included the type of natural obligation to carry on introduction to the concept of the natural obligation and the lawmaking style of the natural obligation, solved to the research of natural obligation basic problem, think, the natural obligation then pointed obligation without compulsory execution dint and implement or not, completely be decided by the meaning of debtor, the law doesn't add an interference, but, debtor once implement won't get claim creditor to return, the creditor'accept of implement won't constitute unjust enrichment, and be recognized that it keeps to be subjected to the right of getting the benefit.The second part: Learned angle to carry on to examine from the ethics to the natural obligation, mainly discussed the ethics foundation of the natural obligation and the worth system of the natural obligation, and made a comparison to the morals obligation which has close contact with natural obligation, think although natural obligation and morals obligation include many together order, natural obligation not and purely and morally obligation, but according to general idea think should to liquidate morally of obligation.The third part: Pass the analysis which turns to the morals law, it is impossible for the establishment which thinks perfect and viable law system to escapes from an ethics value check and supervision, it has to pay attention to people'various factor and composition of the worth mindset, morals customs, morals habit etc. The natural obligation is a kind of law system has also to body the mankind's basic morals content. Morals turning to be law wants to integrate the morals to the law system, which is the most important and urge is the law matching a morals's development.The fourth part: Pass an analytical civil law trustworthiness'principle in the body on the debt method now, and lead concept of go into"economic person", carried on a method to learn to the trustworthiness principle and the economics analyze, think, only strengthened the whole social trustworthiness morals to realize, then can then body now natural obligation this concrete law system of then be advantageous to the safety which supports bargain in the protection, and Supports the stability of social order.The fifth part: Fore foundation of the four-part cent discussing of , analyze our country natural protective necessity of the obligate on law, and put forward perfect our country natural little bit protective thinkings of the obligation law, then commence from the system construction, strengthen lawmaking and strengthen a trustworthiness to enforce the law, quickly the establishment be in keeping with our country market economy development of social reputation system.