China's Civil Law Origins

The law legal origin of civil law is not only legal form of expression, but it involves thelaw of human speculation. This speculation is the law of human knowledge including threetypes of inseparable elements, feeling, reason and imagination. The feeling of subjectiveexperience, thus the pure experience is a true reflection of the society. As a highlypractical law, relative to other laws, the object for civil law to adjust changes and keep thevalue stable, therefore it is necessary to take the form of closer to the experience ofcarrying legal content, and the value of this form of consideration from the communityeffectiveness rather than the form. Ancient China has civil law, its non-written in the form,but the form of customary law contains a civil law content. Customary law, has themeaning of experience and provide some basis for the development of civil case law.Contemporary Chinese civil law’s legal origin is mainly based on written statutes. Statutelaw of this legal form of expression and legal technicalities in the legal practice hasconsiderable limitations. This limitation is that in the legal process of the application, theabstract of the law lead to legal interpretation of the space is too large, while there aredifferent legal interpretations, and may lead to the uncertainty of the court co-contracting,affecting civil law. In legislation written civil law legislation’s miscellaneous proceedingslack the necessary flexibility, which makes some solved freshmen civil relationship andvariability of civil relations will not be adjusted. In an economic point of view, the civilstatute law has a high cost of legislation, which includes legislative research costs, thecost of the legislative process, the time cost of the legislation and the additional costsbrought about by the concentration of legislative. These costs will eventually pass on thetax way to the members of society. From the perspective of political science, democracy isa bad system, especially in the legislation. Even assuming that voters are rational, it stilleasily leads to a bad system. Social psychology from the point of view, the civil statute lawgives judges too much free room for discretion, and does not need to fully explain thejudgment of reason, and the judge in the case of no clear guidelines, are very easy to relyon situational factors, which will lead to the law application process the problems. The U.S.case law and legal technology can effectively compensate for these defects. In theapplication of law, the precedent content is relatively specific, so that civil law will havecertainty. In legislation, unique to the American case law system of judge-made law, youcan ensure that the case law in a timely manner to respond to the civil relations of thenascent civil relations and variability. Of course, the problem discussed in terms ofeconomic, politic al and soci al ps yc hology can be r es ol ved in s ome w ay.