New Interpretation Principles Of The Civil Equality

Recognized as the basic criterion of civil legislation, the guiding principle of civilactivities, and the basic foundation of judicial activities,basic principle maintains the civillaw system and constructs the structure mode of civil code. And,The principle of equalityas the soul of the civil law and carrier of justice, is very important. Our theoretical circlesin civil law had made a lot of research to principle of equality, but according to thecurrent situation,it stays in the general level, lacks microscopic cognitive. The legislationand judicial predicament of principle of equality, and some phenomena rebelled theprinciple of equality appeared in real life, haven’t cause the attention of the academiccircle. In fact, under the background of law system construction and private law ideacultivation in present Chinese, answer the questions deeply, will provide effectiveevidence to build the basic theory of civil law and support civil law system foundation,maintain the consistence and integrity of civil code system. Meanwhile, the existence ofinequality content in civil law produces an important influence on the basic principles andthe civil law system. This text is divided into four parts:Chapter I: summarize a comparative analysis to the difference and contact betweenthe moral and legal equality view, the constitution principle and civil law principle,present a wide principle of equality.Chapter Ⅱ: Summarizes the value of the principle of equality in civil code,mutual relations with other basic principles, and the existing provisions of equality in thecivil law.Chapter Ⅲ: Summarize reasons resulted inequality, explore basic reflect of severaltypical inequality contents in the civil law.Chapter Ⅳ: Dialectical examine the the relationship between equality andinequality in principle of equality, Put forward rational suggestions to the configuration ofrights and obligations of the The principle of equality.