Study On Kant's Thought Of Private Law And Its Revelation To Civil Theory In China

From an angle of civil law, this thesis studies Kant's thought of private law, coordinates the systematic embodiment of Kantianism in private law, hoping to rectify theoretically some philosophical misunderstandings of civil theory in our country, in order to exert its revelational effect to the civil theory in our country.The keystone of this thesis is to elucidate the fundamental of Kant's thought of private law. This thesis contains three chapters as follows: Chapter one introduces the philosophical foundation of Kant's thought of private law. Chapter two introduces private right and private law. Chapter three introduces the types of private right.Chapter one is entitled "The Philosophical Foundation of Kant's Thought of Private Law". Kantianism is called critical philosophy, the most primary of which are crtique of pure reason and crtique of practical reason. From an angle of private law, these two kinds of crtique of reason precipitate the possibility of Kant's thought of private law from the aspects of ontology and method respectively. And the two kinds of crtique of reason constitute the philosophical foundation of Kant's thought of private law.The second chapter is "Private Right and Private Law". As a concept of natural law, private law became a kind of reason law through Kant's crtique of reason. The possibility of private right is firstly derived from the enactment of free will. It is consequential for the private right shows up as practical relationship between persons when the free will advancing to experience. Private right means "act extrinsically like this: your exertion of your free will can be coexistent with the freedom of the others according to a common rule." This research method of priori syllogism is revelatory to the research method of civil theory in our country. The private law is a concept relative to private right. It consists of rational law and positive law. The rational private law can be equal to private right while the positive private law is "the embodiment of the will of legislator". To the positive private law, "the embodiment of the will of legislator" can become possible through priori syllogism of free will. In another word, the private law becomes possible. The possibility of private law must also meet the requirements of the structure of private right in the form of private law. This is revelatory to the structure and system of the civil code in our country.The third chapter is "The Types of Private Right". Private right contains ius in re, ius in personnam and ius in personnam with a nature of real right. In our country they real right, Creditor's Rights and Relatives power correspondently. These three kinds of private law cite the free will in the entity, causality and correlation category. As a result this embodies adequately the logical thought of Kantianism and the logical structure of Kantian private law. So, it is very integrative, general and scientific. How do types of private right become possible? Kant continued to discuss some basic conditions of the private right of these types. To the method of reasoning, he took a priori syllogism from the logical structure of subject, anti-subject and co-subject. This thesis only makes rough analyses of the revelation of Kant's thought to the civil theory in our country because of the limited length of the thesis. In real right, its embodies are research method, dissertation on occupancy, category and common state of Juristic act of real right and so on. In ius in personnam, its embodies are research method to creditor's rights, the status of creditor's rights, autonomy of the will, the differences between juristic act of real right and act of creditor's rights and so on. In ius in personnam with the nature of real right, its embodies are research method to relatives power, the essence of relatives power, the essence of marriage, the relationship between parents and children under age, the right of family members and so on.The innovations of this thesis are as follows: 1, Thinking that crtique of pure reason and crtique of practical reason precipitate the possibility of Kant's thought of private law from the aspects of ontology and method respectively.2, Thinking that the logic of the structure of Pandecton's Law and The Civil Code of Germany is derived from Kant's logical category of entity, causality and correlation. So, they are very integrative, general and scientific.3, Thinking that when analyzing the types of Kant's private right the logical structure of subject, anti-subject and co-subject should be applied. And the idiographic principle and system should be made on the base of this structure.4, To the types of Kant's private right, the innovation lies in its revelation to the civil theory in our country, including: Kant's concept of occupancy precipitates the system of legal behavior; Autonomy of the will can only be applied to ius in personnam; Kant differentiate for the fist time the juristic act of real right and act of creditor's right; Relatives power has no logical essence; the essence of marriage is community of sex (different from ethic and covenant), so on so forth.