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Research Of The Principle Of Fairness Of Civil Law From The Legal Ethics Standpoint

Posted on:2013-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:S J ChenFull Text:PDF
GTID:2235330377459784Subject:Ethics
Abstract/Summary:PDF Full Text Request
Civil law is the generic name of law dealing with property relation and personalrelation between equal parties. Fairness, as one of the basic principle, is the leadingprinciple in civil law. It is not only the witness of the developing history of worldcivil law, but also the successor of moral civilization of human beings. Therefore,researching the fairness principle in civil law from the perspective of legal ethnics isof far-reaching era significance.This author takes legal nature and moral attribute which maintained in theprinciple of fairness as the basis and surveys the ethical origin, moral attribute, theethical spirit reflected in the civil activities and ethical significance of fairnessprinciple from the perspective of ethics. This paper is driven by the hope thatexcavating the value of fairness so as to support the legal construction as well asoffer new thought to the moral construction in China. Under the guidance of thisthought, this paper can be divided into four parts: first of all, a brief introduction ofthe ideological origin and basic connotation of fairness; second, excavating theethics basis and moral attribute maintained in the fairness principle; third, analyzingthe value guidance of fairness to civil activities. Last but not least, clarifying thepositive role it played for the legal and moral construction in the new era andenlightening its ethical significance.
Keywords/Search Tags:Civil Law, Justice, the Principle of Fairness, Legal Ethics, Legalizationof Morality
PDF Full Text Request
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