Civil Code And Under. Rationalism

The Chinese Legal Family of Law has a long history, and affected many nations, especially the nations in East Asia. But there is no clearly difference between the private law and public law in the Chinese Legal Family of Law, and there is no codification of civil law in Chinese legal history. At the end of the Qing Dynasty, China was facing the challenge of the western legal system, the government had begun the civil law's codification, but the work failed.After the Nanjing administration of the Public of China had been founded, the work of the civil law's codification made a great progress, and the Code of the Public of China was completed in 1931. But the code was abolished in 1949 in mainland of China. The civil law's codification of the People's Republic of China has been improving since 1990s'. Hard and effective work is needed now. So the author of the thesis tries his best to seek the true relationship between the civil law's codification and Reason, hoping to improve the civil law codification of China.This thesis consists of four parts except the introduction and about 50,000 words. At the beginning of the thesis, the author displays two truth as the knowledge's basis of the whole dissertation: the improvement of human being's legal structure is from the non-statute law to the statute law; the codification is the tradition of the Continent Legal Family. At the same time, to avoid confusion, the author clarifies two couples of conceptions: code and codification; reason and rationalism.At the section II, the improvement of the thought of reason and rationalism is concerned. First, the author holds the civil law's codification needs reason's instruction, and the codification itself is the outcome of reason's instruction. Second, the history of the thought of reason and rationalism is sought. Third, the author studies the relationship between the civil law's codification and rationalism and draws a conclusion: the codification of the Continent's Legal Family is under the instruction of the Limited Rationalism.At the section III, as the two presentation of the Continent's Legal Family, the codification of the Code of France and the Code of Germany is analyzed. First, the seed of the codification in the Continent's Legal Family is concerned. Second, the making of the Code of France and the effected places by rationalism is analyzed. Third, the making of the Code of Germany and the effected places by rationalism is analyzed. Finally, the effected places by limited rationalism to the two codes are focused, and the conclusion of the above sections is confirmed.At the end of the thesis, based on the above-mentioned sections and the conclusion, the author maintains that the civil law's codification of China should be under the instruction of the limited rationalism, and advocates some macro problems.