On The Formal Rationality Of Civil Code

Civil Code is the highest form of the statute, which is also the collection ofinstitutional and normative systems choreographed with certain set of civil relations.Rationality is a kind of spiritual temperament peculiarly possessed by modernWestern legal, refers to the Civil Code has the system completion, logically consistent,rigorous rules of such a rational quality. Both rationalism and formalism promoted thedevelopment of the Civil Code, as peaked product of the civil codification in the19thCentury, the Civil Code ruled the whole civil society in a more comprehensive andreasonable way. Civil Code based on logical personality, established universal civilrights the ability, through its own unique legislative technique, the entire civil legalnorm in the field of integration in accordance with its internal logic and structuretogether, covering fundamental aspects of social life, achieved its effective norms. Wecan say that the Civil Code is the highest legal form of reason, rational crystallineform of civil law. Therefore, there were severed relationships between Civil Code andformal rationality.This thesis is divided into seven sections according to one center and two aspectsto build the entire thesis system. One center means that this article analyzes andstudies of the Civil Code in the form of rationality, the whole article is to start to solvethis problem. Two aspects mean the history and reality to study the rationality of CivilCode. Historical perspective is mainly in the form of a rational reason to explore howthe Civil Code generated, refers to environment and background of the production ofthe Civil Code in the form of rational political, economic, cultural, philosophical andhistorical aspects. While the practical point of view which mainly through the analysisof the text of the Civil Code of Civil form to summarize its rational expressions andlimitationsIntroduction of this paper is to introduce significance literature review of rationalform in the Civil Code.In the second part, the concepts of formal rationality associated with the CivilCode were introduced. We believed the rationalist theory, that respected humancognitive ability to have unlimited potential as the fundamental starting point, servingas theoretical foundation for the construction and pursuit of rational legal forms. Thisis also the premise of rational cognition when understanding the legal rationality form.The third part focuses on the civil code in the form of rational values. Civilrational form could make decision-making body of society to produce reasonableexpectations, and thus arrange their behavior in a legal way, fit the inherent law ofmarket economy, but also better realize the human pursuit of equality, rationality andorderThe fourth part mainly exploited the cause of generation of the Civil Code in theform of rational inquiry. This part put its efforts to form a rational conclusion on thecauses of the Civil Code arising from the political, economic, cultural, philosophicaland historical aspects. The Civil Code has a complex form of rational comprehensivehistorical environment, the unique historical background to promote realization of theCivil Code form a rational transition from historical leap.The fifth part of the civil code review and summarize the form of rationalexpressions. The main manifestation of the Civil Code includes logical, scientific andpredictability. These are forms of rational civil valuable quality, and promote thefurther development of the Civil Code.The sixth part is my analysis on the limitation and path to overcome thelimitations of Civil Code in the form of rationality. Civil Code easily resulted in theform of cold rational rule, produce rigid and substandard. Therefore we needed todefine a reasonable source of law, the specific application of the general terms andconditions, as well as legal interpretation and legal loopholes to fill and to overcomeits limitations.The seventh part is the conclusion of the thesis.By discussing the theory and text analysis, the authors believe that in Chinatoday’s reality, the entire academic and civil society should put the form of Civil Coderational problem in a more prominent position, fully affirmed the reasonableness of itsexistence and the Civil Code be careful practiced in the future, but also strive to avoidand overcome the negative effects of formal rationality brought to the Civil Code, tomake Civil Code a more convincing in the form of a rational basis for the country’scivil law and civil law development and make more major contribution. Ultimately, ithas been a consensus among scholars of today’s civil law that a Civil Code can be laiddown through the specific civil law concept of legislation and legislative technique.