A Research On Civil-law Idea

Civil-law idea is people's secular cognition on external existent civil-law and the rule which has the character of civil-law, and the cognition on the subliming civil-law value aim and law spirit. Civil-law idea is the spread and magnification of civil-law spirit, and is the crystal and abstraction of civil-law principle, and is the crystal and soul of civil-law system, and its essence is private-law idea. Civil-law has a long history and of long standing. It has been formed profound cultural accumulation and dense spiritual details. Civil-law idea also experienced the flux from tradition to modern. China has constituted relatively consummate civil law system, but the effect was not very good .The major reason leading this phenomenon is that we are lack of the circumstance of the existent civil-law idea and the developmental economy and humanities. It never becomes the mainstream consciousness of social polity and demos lives. Cultivating civil-law idea is propitious to advance the transformation from Chinese traditional obligation-standard culture to right-standard culture. It is propitious to guide the constitution of civil-law code, and it is the demand of governing the nation according to law. So it is necessary to do an all-round research on civil-law idea.This essay use some research methods with the logical structure of paratactic form to research on civil-law idea, such as historical analytical method,sociology-law analytical and logical analytical method. The whole essay includes three parts: introduction,text and conclusion. The first part mainly expatiates the cause of choosing this theme,the meaning of the research,logical structure and research methods. The second part includes four parts.The first chapter: The meaning of civil-law idea. The author discusses the character,the arrangement and the relationship with other relative theory of civil-law idea, which is based on setting off the meaning of civil-law. The essay mainly sets off the meaning of civil-law idea from the angle of the connotation and the extension of civil-law.The second chapter: The content and its historical process of civil-law basic idea. On the base of expatiating the holy private right,equal personality and private law autonomy, this essay emphases on expatiating the historical process of the basic content of civil-law idea ,mainly clarifying the transformed process from the angle of static state and dynamic state.The third chapter: The historical source and its foundation of civil-law idea. On the base of expatiating the historical source of civil-law idea,Roman law and burgher society ,this essay ultimately expatiates the social economic base and law-philosophy theoretical base. Market economy is the social economic base of civil-law. The law-philosophy theoretical base of neoteric civil-law idea is the classical natural law theory,classical liberalism theory and main body character thought theory. The law-philosophy theoretical base of modern civil-law idea is sociology law,new natural law,historical law,law realism and so on. The main aim is to clarify the historical original social economic base and law-philosophy theory base from the process of its production ,development and modern civil-law idea.The forth chapter: The civil-law idea in China. On the base of expatiating the lacking social economy,social polity and law culture in China, this essay expatiates the necessity and ways of cultivating civil-law idea in China. Cultivating civil-law idea is benefit to the construction of right standard culture,guide the establishment of civil-law and it is also the need of govern the country according to law. The efficient way to cultivate civil-law idea in China is deepening the reform of socialism market system , consummating civil-law system and cultivating modern law concept. The last part is the simple sum of the content of this essay, and the statement of the deficiency of this essay.