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Study Early Republican Civil Habits

Posted on:2014-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y S JiangFull Text:PDF
GTID:2266330401466691Subject:Legal history
Abstract/Summary:PDF Full Text Request
People’s habits,customs and culture of specific area and time have important influence on the formation of the state law. The civil custom is a code of conduct going parallel with the state law and sharing higher social identity among particular group. The civil custom or customary law is a kind of informal norms. During the process of mutual fusing with the state law, the effect of the civil customs of its own effectively fill the gap of the legal effect of the state law. Meanwhile, a state’s legislation, especially the civil legal norms’ creation, should take fully into account its own country and nation’s long-standing civil customs. To truly realize government by law, a country’s own legal earth must be rooted in. In the late Qing Dynasty and the early Republic China period, two large-scale investigations on civil customs were conducted, aiming at providing references for legislation and administration of justice. Based on the Civil Custom Survey Report as the basic date, standing from the perspective of real estate transaction habits and their interaction with the state law, this article studies on the civil customs’s Chinese meaning and its effect on state law.While learning from the world’s advanced civilization, to excavate our own excellent legal resources and construct the rule by law within Chinese meaning has been our common sense. To construct the civilization of rule by law, in an important task in Chinese transition period. In the process of civil legislation, we should treat our own civil customs seriously and make legislation more life, instead of simply copying the " advanced".Whether for the Civil Code promulgation within Chinese meaning, or to resolve civil disputes in the judicial practice, the civil custom will play an important role.
Keywords/Search Tags:Real estate transaction, Civil customs, Customary law, State law
PDF Full Text Request
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