On The Civil Law Significance To The Process Of China’s Civil Code

Civil law is to adjust the sum equal civil subjects engaged in civil activities occur in the legal norms of property and personal relations, human summed up the common life in the long-term relationships and personal relationships involving basic legal norms. Civil law in academia is called "the mother of Law" and its significance for the country as much as the constitutional rule of law in civil law countries, but also as the essence of civil law, occupies a central position. The Codification is the development trend of the world of civil law, civil law is their own development needs and the development of social and economic life, which in 1804 announced the implementation of the French Civil Code, Civil Code, is a typical modern times, is the first capitalist countries and to capitalist system based on the Civil Code. German Civil Code enacted in 1896, following the French Civil Code, Civil Code, the second part is important, in the content beyond the scope of the legal principles of liberal capitalism period, to a certain extent, to adapt to the needs of monopoly capitalism. Swiss Civil Code, enacted in 1907, the implementation of civil and commercial discrete system, has opened up a new way of civil legislation. These provide important inspiration and practical experience for the development of China’s civil code.Party Fourth Plenary Session of the eighth, "the CPC Central Committee decided to advance the rule of law on the overall number of major issues" in the proposed codification of the Civil Code, Civil Code is the implementation of the development and enactment of the rule of law, improve the socialist market economy, an important indicator of the legal system is a concrete manifestation of the modern Chinese law, it is to open a new chapter in the protection of civil rights. After the founding of New China, we repeal the "Six" on the basis of conduct from a blank on the basis of civil legislation, has three starts in the drafting of the Civil Code, because of the conditions and premature shelved.1986 promulgated the "Civil Law" with the obvious nature of the transition, which is scattered from a single law to the civil system, complete an intermediate part of the Civil Code. Chinese scholars also often "Civil Law" as "quasi Civil Code," "concise version of the Civil Code." Visible "Civil Law" reflects a lot of the Civil Code of the features and content, are bound to provide a valuable reference for the compilation of the experience and practice of the Civil Code. In this paper, "Civil Law" on the meaning of the Civil Code of the process for the study, on the basis of advanced foreign legislative experience and legislative concepts, the author put forward some constructive advice.This article is divided into four parts:The first part of the Civil Code describes the development process of starting, reviewed the process of drafting a new Chinese Civil Code and Civil Code theory in the drafting process of the birth of the Civil Code, a brief introduction to the current "Civil Law "as the Basic Law of the civil law system. The second part, a comparative analysis of the Civil Code of the process and its results abroad, focusing on the current situation in Germany, France, the Swiss Civil Code legislation proposed localization of the Civil Code shall have the characteristics necessary to be realistic and also to have ahead of time, the system Structure of China should learn from the experience of scientific rigor, etc. are available. The third and fourth parts, focusing on systems analysis "Civil Law" was promulgated and the legal basis for the social basis of the Civil Code laid the process further successors, localization, Civil Civil systematic theory of alien from Alien Civil Code and handling, such as how to prepare the existing Civil Code Civil Code had useful to think, only willing to attention and in-depth study of experts and scholars.