Research On Thing In Civil Law

This thesis, based on the promulgation of Law of People's Republic of China on Real Right and the prospective issue of Code of People's Republic of China Civil Law, attempts to define and interpret the questions concerning"thing", esp."thing"in civil law, then explore in depth the historical origination, development, and evolution of the said concept, and reveal Man's cognitive track to"thing"in civil law. The ultimate goal of the thesis is to reestablish a theoretical system of"thing"in civil law by extracting the essence of Roman Law and German Civil Law on the basis of the characteristics of the 21st century and China's current situation.The thesis is composed of three parts. It begins with an Introduction, elaborates in the Second Part—Body, and concludes in the Third Part.Problems are posed in the Introduction Part, and therefore the subject of the thesis is pondered and determined. The domestic and abroad status quo of the concerned topic is briefly introduced, and so are the purposes, significance and methodology of this writing.The Second Part, which includes four sections, is lineated with the rudiment, development, and evolution of"thing"in civil law. The explicit and genuine revelation of the concept is realized by starting from Roman Law to traditional civil law, and at last to modern civil law from four perspectives as follows:Firstly, the etymology of"thing"in civil law—"Res"in Roman Law is elaborated by presenting the author's original ideas. The three foundations of the"Res"production—thought sources, social reality, and legal research are explored and evidence has shown that"Res"in Roman Law is not only the offspring of the natural law in ancient Greek but also the reflection of ancient Roman society. And then the genuine connotation of the concept of"Res"is unearthed and its natural properties and mechanics in depth analyzed on the basis of two important interpretations and classifications of"Res"in Roman Law. At last, a significant conclusion for this part is reached that"thing"in civil law generated from Roman Law and matured thereof by examining the research findings of"Res"in Roman Law in Man's legal civilization.Secondly, the historical deviation of"thing"in civil law—"thing"in two major legal systems in the West is dealt with. With the increase in right awareness and establishment of right standard, law on real right has been gradually replaced by property law, and subsequently"thing"becomes a subordinate concept of"property"and"object",reformed throughout the world with distinctive difference in the Continental legal system and Anglo-American legal system. Among all the reforms, the modification of"thing"by Germans is most remarkable and the pros and cons should be pondered and could be significantly referenced.Thirdly, the theory of"thing"in civil law is reestablished based on the previous detailed analyses and exploration. Three aspects are dealed with: 1) The classic theoretical system is challenged by criticizing the inherent defects of the narrow-sensed concept of"thing"in traditional civil law and analyzing the dilemma when it comes to modern high technology. 2)"Thing"in civil law is refined."Thing"in civil law is in nature property bearing value and interest, not"thing"itself, to say nothing of the appearance of the"seeable and touchable""thing", which is its unchangeable essence. Additionally,"thing"in civil law can be defined as"the property interest directly ruled by the civil subject". At last,"thing"in civil law can be interpreted from five aspects focusing on res corporals. 3) A comprehensive construal of"thing"in civil law is presented from such three aspects as the natural property, fundamental characteristics and structural mechanics. It is necessary to highlight that the intrinsic difference of the"thing"in civil law and the"objects"of the right of credit and right of intellectual property is also distinguished and analyzed.Fourthly, the reflection of"thing"in civil law in Law of People's Republic of China on Real Right is studied. Several typical provisions from Law of People's Republic of China on Real Right are closely examined to support the opinions previously proposed.The Conclusion Part summarizes the whole thesis from seven aspects, emphasizes the significance of the essence of"thing"in civil law, and calls on the greater attention to this topic.