Different Moral Criteria For The Legal Regulation Of Two Civil Relations

Theory of human nature can be divided into good human nature, evil human nature and white-board. Good human nature has the idea that people's initial state is good, evil human nature holds that human nature is selfish, while the white-board theory believes that there is no good or evil of human nature. The discussion about White-board theory has no lots of sense. We mainly have the good human nature and evil human nature as the object of our discussion. We recognize that good human nature, like the desiderative morality, establish standards for conduct of high demand, while evil human nature, like the compulsory morality, requires low standards of people'behavior. While the study on the desiderative morality and compulsory morality is confined in the moral field, the discussion about good human nature and evil human nature can be reflected in the law. There are quite a lot of theories about the subject matter in civil law. As for the subject matter in civil law, it includes the personal relations and property relations. The citizenship factors are reduced in personal relations, which are not conductive to family maintenance, the overall doctrine development and the cultivation of patriotism. Such problems must be resolved. And the subject in the field of property relations is really stupid and weak person who need law to give the necessary care. Follow this line of thought, we go on our interpretation and come to our conclusion that it should have the citizenship factors in the field of personal relations, while people in property relations should be selfish. So it forms a correspondence that is good human nature-personal relations and evil human nature-property relations, and further more, we propose the fit between them.This total of about 38000 words, which is divided into six parts, there is the outline below:In the first part----the problem and its related note, we propose the problem weather there is a relation between the theory of human nature and subject matter of civil law and make a statement about the points that articles related.In the second part ----theory of human nature, we discuss the evil human nature and good human nature separately, and we propose that there are different requirements towards the people'behavior combined with Fuller'theory about the binary division on ethics ---- the desiderative morality and compulsory morality. That is to say, good human nature, like the desiderative morality, establish standards for conduct of high demand, while evil human nature, like the compulsory morality, requires low standards of people'behavior.In the following discussion, we are concerned about the issue of subject matter in civil law, and then we have an overview about the various points and interpret the recognized subject matter in civil law----personal relations and property relations----in details. And we propose that many problems are brought out because the citizenship factors are reduced in personal relations. And the subject in the field of property relations is really stupid and weak person who need law to give the necessary care.In the fourth part of the article, we pave the way to elaborate the fit between the theory of human nature and subject matter of civil law by introducing the "prospective hypothesis" first and Weber's ideal type theory followed. We believe that the fit is reflected in the correspondence that is good human nature-personal relations and evil human nature-property relations. At the same time, we have some interpretation for the system of civil law, analyzing their contents, explaining their advantages and disadvantages, with a aim at benefiting the formulation of the Civil Code of China in future.We present a macro-level analysis on the current situation about related aspects in China on the base of the preceding section, with the purpose that it can be used to promote the unity of the social subject and the development of market economy.