Characteristics And Trends Of The Civil Rules

Through summarizing experience in building the rule of law in China for several years,Scholars come to realize that the so-called advanced western legal system is not perfect.Building socialist rule of law with Chinese characteristics must be based on rule of law in China's domestic resources,and concerned about the Chinese native traditional resources.China eyes should be transferred from the West to the East that is mysterious land.In this background, the Chinese law experts set off a wave of researching the civil law.This article also attempts to analyse characteristics of the civil rules and trends of research, to attract people's attention to civil law that although the block to those in which social life, but often overlooked in our society, and derived from native resources. Advocate that China should be according to the rule of law (State Law) governing the country under the premise of fully explore and use resources in China's domestic legal culture.The first part starting from the concept of civil rule.The author does not give the exact definition of civil rules,but thinks civil rule should be used as an analytical concept, that it is a position on the methodology and methods, rather than simple physical concept.I did not directly give a precise definition of civil rule but through the elaboration of its origins and comparison with countries to express the connotation and extension to show a complete concept of civil rule on the readers.The second part analyzes the local rules of civil, economic, traditional, ethnic and simplicity, to analyse the favorable and unfavorable conditions of the civil rules.On the basis of analysing the second part, the paper points out the third part of the fate of civil rule three trends:First,ignorant or brutal civil rule must be abandoned.Second.some civil rules can be absorbed directly through legislation from the legislative level into the orthodox system.Paper analyzes the value of legislation to attract, legislative basis to absorb and three paths of civil law into the national system and so on.Third, some rules that is not suitable for civil legislation to absorb,that can enter the conditional level of the national judicial system to play its due role, and when the time is ripe, we can abandon or to absorb the way of legislation introduced into the national law system.This article will focus on the civil rules from the judge rules, civil rules of social needs, the civil rules in the legal profession, the civil rules as non-litigation dispute resolution mechanism and civil rules as a legal precedent guiding.Building socialism with Chinese characteristics rule of law is essential of drawing on Western art experience but it is not sufficient.We need legal people "asked life, emulated folk" we need to find and cultivate the characteristics of "local knowledge";we need to focus on civil rule those who do not see, but derived from the blood flow in people more in line with the Chinese habit of thinking and acting in real life rules to play the role of resolving disputes in order to highlight the Chinese characteristics.