The Academic And Politics In China Civil Codification

The fourth codification of China aroused extensive discussions in the academia, including academic and political prospective, both positive and negative. This paper holds that the relationship between academic and politics is the most important problem of the codification. Thus, the paper takes for a historical perspective, pays attention to the social and legislative background of the previous codification in China to review the evolution and the formation mechanism of Chinese codification. Specifically, in this paper, the typology method would be used to analyze the Chinese codification history, which is divided into three stages and three corresponding legislation patterns, that is"the rule of man"pattern(1949-1977),"authoritarianism"pattern(1978-1991),"the rule of law"pattern(1992-). The characteristic and evolution of the three legislation patterns outlines a legislation trend of"politics retreat"and"academic promotion"in the Chinese codification history, and also embodies the development of the rule of law of China. Based on the historical trend, we should take an optimistic expectation to our today's codification, and explore the political tolerance and academic support for Chinese future civil code.