The Effectiveness Identified Of The Civil Law And Some Analysis

Civil Law,just as we can named it Private law, is not only a completely and logicallysystem,but also full of ideologies, full of the human societies, the pursuit of freedom, theequalities and other values. Legal act as one important and basic part of the Civil Law, thespirit it embodies throughout the contract, marriage, wills and other legal acts being. However,the implant of legal system in our country are not very well,so that domestic law scholars andpractitioners tremendous disagreement, dispute it very much.The purpose of this paper is toput a number of views of legal acts forward by analyze the case. Which concentrated on thosetwo problems: First, the legitimacy and effectiveness of the legal question of the relationship;Second,the legal acts are embodied in the pursuit of the ultimate value of human beings. Thepaper first analysis the case and then raised two main issues. In the following papersanalysised the perspective of civil law theory. followed by analysis the two issues from aphilosophical perspective, pointed out the source of the problem.And finally in theconsolidated summary of cases and this article point of view. Specifically, the text is dividedinto four parts.Part1,by introduce the Case briefly,the paper analyzed the implications of the case.Thenpresents two basic questions about legal acts which is in dispute.First,the relationshipof thelegality and validity of the legal acts; Second, discussed the value of the concept of freedomin contracts about this case. Meanwhile In this section, the paper also discussed several otherissues related with the case.Part2, Demonstrated the two basic questions according to the case.In the first part,thepaper the introduce the two basic problems,after this,the paper discuss from the perspectivetheof Civil Law.At the same tim,I give my own opinions about the legitimacy and validity oflegal acts.And for the second question,I discussed the issues related to autonomy, also putforward my own point of view.Part3, for the above two theoretical issues,it attempt to explore the theoreticalphilosophical roots of those theoretical problems. Pointed out that the judgment of the legitimacy and effectiveness is the corresponding facts and value judgments from the thePerspective of philosophym and try to show the relationship between legitimacy andeffectiveness through the judgment of the facts and value judgments. At the same time,for thesecond problem,pointed that a legal act is to protect the ultimate value of freedom.And thelegal acts has protect the freedom in a completely different way, apart from public law.Part4,for the discuss we have, in this part,the paper sums up the issues related to the casefirst.Second,gvie refining the two basic questions and give a conclusion of this paper.Pointedout that the freedom people pursued and hoped for is just the value protected by the legalacts.And proposed that the legal act is acted as a legal system. guided, evaluated,forced thepeople’s private rights by judge the value of effectiveness basiedly and the legality judgementas a fact.