Thinking Of Civil Law From Human Nature Perspective

Since our country carries out the policy of reform and opening, one of the most remarkable achievement in the legal system construction aspect is the establishment and prosperity of Civil Law in our country. In fact, the greatest contribution of Civil Law is not to accelerate the development of economy in our country, but to liberate the human nature. It is Civil Law which let every people as an independent people, and become a people with the equality and freedom. Nowadays, our country makes every effort to the release of a Civil Code, and in this process, many of new perspective of theoretical research on Civil Law appear.For a long time, human nature become one of topic in the humanities sciences and social sciences. Civil Law is one of the humanities sciences and social science, so it also should need to discuss from the aspects of human nature. However, in the existing literatures, this view of indispensable analysis from human nature on the Civil Law is ignored by law scholars of our country. Therefore, aiming at this kind of defect, the article base on human nature view to analyze Civil Law. On this basis, it makes up for the gap existing in our Civil Law theory, and gives study of Civil Law a new view.This article not only illustrates the concept of human nature, the basic feature of human nature and the relationship between human nature and the law. At the same time, it also talks about theory foundation of human nature assumption of modern Civil Law. and explains the impediment of Feudal Society to human liberation, the relations between the liberation of human nature and Civil Law and the role of Civil Law in confirming the fruit of liberation of human nature. Followed by this, with the criticism in this Civil Law viewpoint which divide the relation between human nature and Civil Law, it makes sure the relation between human nature and Civil Law.Chapterl:Studying Civil Law from human nature perspective, the first question is about the identification, induction, summary and other issues of human nature theory. Human nature theory has a long history and contains a rich content.The other one is the problem about the relationship between the human nature and law. because the research on the relationship between the human nature and law is a premise of studying Civil Law from human nature perspective. Chapter2:This chapter mainly take about the theory foundation of the establish of modern Civil Law from the human nature assumption. Analyzing the hypothesis which human nature is good is a barrier to establish modern Civil Law, while the hypothesis which human nature is evil is a cornerstone of modern Civil Law.Chapter3:This chapter mainly discusses liberation of human nature and development of Civil Law. Civil Law is not much space for development in the long-term of the feudal society, but along with the liberation of human nature, the speed of development of Civil Law is so fast and become prosperity. Civil Law makes people’s concept of independence, equality, freedom and liberation of human nature established in the form of legal system. Civil Law creates abstract personality, and it make the people become equality under the law. At the same time, the Civil Law also constructs of the rights system of Civil Law, such as property rights, creditor’s rights, marriage and family rights, intellectual property rights. These set down the fruits of liberation of human nature in form of law.Chapter4:The Civil Law is the people law, and it has a natural connection with human nature. But, with the role of the Civil Law in the commodity economy and property owned and circulation is bigger and bigger, some people ignore the natural connection between the Civil Law and the human nature, which they see the Civil Law as a commodity economic law or property law, etc. This chapter criticizes the Civil Law viewpoint which deny the natural connection between Civil Law and the human nature. It mainly speaks the wrong of the Civil Law view of the research of on the Civil Law nature about putting the cart before the horse, and the wrong of the one-sided interpretation on the Civil Law system. and prevailing that view may result in Civil Law spirit of philistinism.At the same time, this chapter also interprets the Civil Law from positive aspect, i.e. the Civil Law is external form of the law of liberation of human nature, and it has duty-bound to confirm human nature and to adjust to human nature, especially in the mission of servicing human natural. For example, the connection between Civil Law subjects and Civil Law system and human nature illustrates the natural links between the Civil Law and human nature, and also criticize the view of Civil Law to deny the link.In a word, the Civil Law is the people law. and it has a natural connection with human nature. Civil Law is suitable for human development, so it has strong vitality. When we study the Civil Law. it should be based on the human nature foundation in order to ensure the correctness of the Civil Law source. I think the thinking of Civil Law from human nature view add a root and innovative research perspective for the success of making a Civil Code in our country, which is of significance to the development of Civil Law in our country.