The Socialization Of Identity In Private Law

Identity in private law is the position of the social relations who the main-bodyhave the private law adjustment significance. Identity in private law gradually developfrom level maintaining scale into corrective justice tools in the process of thedevelopment of private law. Modern private law should have the existence space ofidentity system, which should be insisted on the unity of the identity under thecontract and the contrac above identity.In the modern prive law, main body statuspresent diversity and openness, individuals,organization, groups and social class beable to be with the aid of identity system appeal their interests. Identity system inresponse to demand of the all-round development of main-boby by giving individualthe identity right and stratum the identity of interests. Our country is a traditionalagricultural country,when we vigorously promote the process of urbanization, thefarmers are always the most remarkable special identity classes, security realize itsclass identity interest is important exploration of contemporary identity systemsocialized in our country.This paper consists of four parts:In the fist part, Identity in private law and technical features. First of all,tounderstand identity usually meaning, and from the usual meaning and sociology,identity refers to one’s position in the social relations, have the right status means thata distinct difference and resources. Then, identity in private law and its technicalcharacteristics are analyzed, the identity of private law is refers to the body of theprivate law to adjust significance’s position in the social relations, the identity of thesubject is not limited to personal, behind it embodies is right or interests, it has dualnature, compound, diversity and equality, passive and initiative, the main body behindthe openness of subject, stability and variability.The second part, the identity of the system function change in the private law.The author reviewed the identity trajectories in the private law, that identity in privatelaw, has experienced the process that from the mixed identity to public or privatestatus,and to the social identity;from the developed to the decline,and to the processof reconstruction; from the tool of injustice to the tool of justice; subject of identityremains openness. At the same time, the "identity to contract" and "contract to identity" for simultaneous interpretation, in modern society, we should adhere to thecontract on the identity and status under the contract are unified.The third part, identity factors in the modern private law. First, analysis identityof modern civil law relationship type pattern, think status in modern civil law has theindividual identity, organization identity, group identity and citizenship identity.Distinguish between the identity model, the main significance lies in the identitystatus the application of the principle and the application of the different adjustmentmethods. Modern private law mainly has the role of identity in way, rights andobligation of identity, power and responsibility of identity and identity interests.The fourth part, the identity of the social function of corrective justice to explore--as identity interests of the farmers is implemented as a breakthrough.First,Demonstrates the identity legitimacy of identity interest to farmers, identityinterests of farmers conforms to the basic value of modern civil law spirit, the conceptof peasant identity interests compatible to the structure of modern civil law system,the introduction of the concept of peasant identity interests is response to thetransition period of China’s reality. Secondly, probes into the realization of the identityinterests of farmers, think that the core of peasant identity interests is land and therelated rights and interests,the way of protection for the interests of the farmers’ statusshould mainly be the contract, but not limited to the contract.