Civil Law And Civil Society Dialectical Evolution

The law bring into effect is an organism concerned with the interplay among society, economic and culture. To legislate successfully, appreciate law deeply and apply law correctly, apart from understand law itself we should pay more attention to the society foundation which law growing. As one of the most important embranchment of law, civil law acts as it certainly. Civil law has substantial relation with civil society, so in order to grasp the spirit and nature of civil law, we should begin with the comprehending of civil society.Based on the study of the relationship between civil law and civil society, the author deems that civil law is both the reaction equipment and impulse equipment of civil society. Depend on further investigation about the culture tradition of law and society foundation of law in China, this thesis figure that because of the lack of society foundation and other mutuality condition in our country, we can't draft civil code too rapidly in blindness. On the contrary, the development of civil law in our country must obey the principle of the dialectical evolve of civil law and civil society. In addition, this paper textual researches the concept of "civil society", breaks the thickness phases about it in civil law areaIn the interest of arguing the viewpoints thereon, apart from "Foreword", this dissertation includes three parts. In foreword, the author fetches out the subject matter of this thesis, then accounts for the research methods and mostly standpoints. In part one, based on the correlative scholar's study on civil society, the author analyses the differences about this concept in civil law and politics, deems that "civil society" has its own meaning in civil law. Firstly, civil society comes forth accompany with the human race private right idea, develops accompany with the human race society. Secondly, as the opposite concept of political state, civil society is the individual self-government area Thirdly, civil society contains all social relations between every equal subjects.Part two is the backbone of this article. In accordance with the common principal of the connection between law and society, through the means of demonstrational analysis, this thesis establishes the model of the dialectical evolve of civil law and civil society in theory, insists that civil law is both the reactionequipment and impulse equipment of civil society.In part three, depending on brief argumentation of feudalism and socialism culture tradition of law in our country, the author points out that our country is short of the growing foundation for civil law at present Then combining with the actuality civil law legislation in our country, the author concludes that our civil law legislation can't go ahead neither with the "fast-succeed" route, nor "slow-done" approach. The development of civil law in our country must obey the principle of the dialectical evolve of civil law and civil society.