Ration In The Form Of Civil Law Codification Process

The unique evolution of western laws has demonstrated the constant pursuit of human spirit and the legal civilization to formal rationality. The legal evolution of this formalism which is deeply rooted in lawful belief has been growing and improving with the development of the continental legal civilization. As a whole, this code system of formal rationality can be seen in different aspects of social life, including the improvement of the logics of the code itself, the formation of the independent status of the judge and the application of the logic reasoning of three-section theory. All in all, in a fundamentally way, the constant quest for legitimacy and the tireless adjustment and demonstration of the law to its own existence and way of existing is the great achievement of the human legal civilization. This thesis starts from the quest for formalism in the process of the evolution of western continental law system, trying to discover certain substantive features from a whole new perspective, so as to reach some ultimately new understanding of the law and its evolution.For these purposes, in Part One of this thesis, the author has made a simple definition of the formal rationality during the codification process.In Part Two, the author has made a detailed analysis of different aspects of the continental law system, which comprises the improvement of the technical structure of the continental law system from the Roman law to the modern civil law, the formation of the independent status of the judge and the application of rational reasoning. This part also dealt with the contribution of some outstanding experts in the realm of law to codification.The third part of is a summary of the formal rationality revealed during the codification process of the continental law system codification.The government of the code of formal rationality is not that perfect. This is even true with the ever complex life style in modern society where it has already shown some inadaptability. In Part Three, the author aims directly at this point by analyzing some practical problems and discussing the adaptation and improvement of general cause and judging system to formal rationality.The last part is a conclusion to the tendency of the formal rationality of western...