Expansion To Sources Of Civil Law

This paper takes “Supreme Court’s Civil Cases in Ealy Republic of China” as the objectof study, puts the expansion of civil law sources for the study of theoretical perspectives,specific research background Supreme Court’s civil jurisprudence, private character,application and system review methodology to demonstrate a civil case forSupreme Court’ssignificance of early Republican civil magistrate value specification expansion, proposed acivil case as a civil magistrate Supreme Court’s sources of law itself and the basis for theexpansion of civil jurisdiction in accordance with all private law characters reveal the sourceof the carrier, the Western spirit of modern civil law and the rights of private law concept ofintegration to the modern Chinese society. Supreme Court in ealy Republic of China is toachieve integration through natural law with private law character of the civil law system ofjurisprudence source of expansion, following the procedure by the daunting task of foreignlaw and the discretion of mining in Western jurisprudence, referring to local customary law,the use of structured, five Pandect prepared in accordance with the jurisprudence of theessence compilation codification system deficiencies and guide the lower hall of the civil trialpractice to cover the referee enactments specification.Specifically, this paper is divided into six parts.The first part: An Introduction, including a paper detailing the origin, problem solutions,researching ideas, methods and contributions.The second part: Background of Supreme Court’s Civil Cases in Early Republic ofChina. And with the system of civil jurisprudence background generated Daliyuan earlyRepublican era background and practical background, detailed argument in the early leanRepublican civil legislation, the law applicable to the special legal environment underdivergent civil jurisprudence system produces rationality and necessity.The third part: Civil Law’s Spirits of Supreme Court’s Civil Cases in Early Republic ofChina. A source with a private law character combing through the expansion of civiljurisprudence Supreme Court to precipitate a civil jurisprudence openness, autonomy, andjustice of the form private law character, character around these four private and in-depthanalysis of specific civil jurisprudence.The fourth part: Methods of Supreme Court’s Civil Cases in Early Republic of China. Focuses on the civil case Supreme Court made use of legal methodology, with the creation ofnew norms, legal interpretation, additional legal loopholes methodology to achieve theexpansion of civil law sources.The fifth part: Reviews of Supreme Court’s Civil Cases in Early Republic of China.Focuses on the civil case Daliyuan system problems, a review of binding dispute,constitutional issues and restrictions on questioning methods, and combined with our guidingcase holds many lessons conducted system learn to do some comparison of ancient andmodern.The sixth part: The Conclusion, summarizing the Value of Supreme Court’s Civil Casesin Early Republic of China further civil jurisprudence system, proposed more than a centuryof civil law in recent modern history of the private right expectations.