Establishment Standard Of Basic Principles Of Civil Law In Our Country

Recently, the research on basic principles of Civil Law is more and more deeply, but it is undeniable that our country has not yet to form a basic principles of the Civil Law system which is stable and cognitive cardinally identical. There also exist quite big difference on connotation and denotation even on some of the basic principles of general. The author thinks that the shortages of the above have the relation with the current research on some basic principles of Civil Law methods. Most scholars regard General Principles of the Civil Law as legal text through legal comments to explain the basic principles of Civil Law. Currently, we formulate Civil Code by the way of formulating Civil Law system in every fields gradually, with the formulation of Civil Law System, the law of the comments on one hand makes basic principles lack of systematic in the legal provision. On the other hand, which also makes basic principles lack of systematic in the form. Therefore, I believe that in order to establish the unity and systematic basic principles of Civil Law, we have an urgent need about a theoretical analysis of the integrity.I would like to take this from the perspective of economic and social development, from the essence and core values of Civil Law point of view and from the point of view of legal principles, to establish the basic principles of Civil Law through some theoretical analysis. By the way of the above to illustrate the basic principles of Civil Law are not necessarily to express by legal provisions, even if China's future enactment of the Civil Code, which may not be formulated entirely in the form of code. In view of the rapid changes in the society, it is the legal principles that only go deep into people's hearts and internalized, and meet the requirements of economic and social development truly, reflecting the essence and core values of Civil Law and in accordance with the functions of legal principles to be eligible to establish as the basic principles of Civil Law. Only in line with the establishment of such a standard can we hope to build systematic basic principles of Civil Law in order to take a better role in developing the function of basic principles of Civil Law, and providing a theoretical basis for the codification of the Civil Code of China.