On The Value Of Chinese Civil Law Codification Process

The codification of civil law has always been the focus of civil jurists` attention. By far there is no complete nationwide civil code in China, the problems of whether the civil code should be compiled and how to compile the code have been widely in dispute all the time. The fourth Plenary Session of the 18 th CPC Central Committee got the plan of making civil code back on the agenda and the problem of compiling civil code become the ‘darling’ of Chinese civil law academia research. Putting aside the problems of institution problem of the code itself and the content design, the active effect of Chinese civil law codification process on Chinese legal construction were analyzed in combination with the foreign civil law codification process of German, Japan and France etc., according to Chinese multiple civil law codification process and the evaluation on its social value, in the hope of making people more focusing the value of Chinese civil law codification process to give full play of its effectiveness.This thesis is divided in six parts as followed.The first part is the basic determination on civil law codification process value. A brief introduction on writing backgrounds and the current research condition at home and abroad was presented in the two parts, and the value and particularity of civil law codification process was also determined. The civil law codification value is the sum of a series of direct and indirect positive effects on our society, economy, politics, culture, and so on, in the process of codification. The civil law codification value have its own particularity, including the four aspects of timing, procedural, diversity and initiative. The civil law codification value mainly display in the four aspects of promoting democratic nomocracy, improving the civilization degree of national nonocracy, prospering theoretical research on jurisprudence and ensuring the quality of civil law system.The third part is the historical review and value analysis on the previous multiple important codification process in China. ‘Draft of Great Qing Dynasties` Civil Code’, ‘the Civil Law of the Republic of China’, and the four codification processes after the founding of new China were mainly selected, and the positive effect of above process on the theories and systems development of civil law at that time were briefly analyzed.From part four to part seven, the social value of Chinese civil law codification on politics, legal culture, academic and civil system were analyzed respectively. The political value of civil law codification process was discussed from four aspects: the first is promoting the overall implementation of the strategy of governing the country according to law; the second is promoting the further development of socialist market economy system; the third is boosting the construction of social democracy and nomocracy with Chinese characteristics; the fourth is promoting the convergence of civil law under the ‘one country, two systems’. The cultural value of civil law codification process was illustrated from the three aspects of cultivating socialist legal consciousness, enhancing the culture of the socialist law with Chinese characteristics and spreading the modern law-ruling thoughts. The academic value of civil law codification process were mainly manifested by stimulating the enthusiasm of civil law academic research, promoting the innovation-driven development of civil law theory and the international civil law research and exchange. The system value of civil law codification process was interpreted through the three aspects of shaping the spirit of civil code legislation, selecting "Civil Code" legislative technology, forming the "Civil Code" system content to ensure the high quality of civil code.The conditions for the formal introduction of the civil code in China are not fully mature. The drafting of civil code need an opportunity which will not appear out of thin air, and we have to create it ourselves. We should pay attention to the process value of civil code codification, and full use of this process to perfect existing civil law system, promote the in-depth study on Chinese civil law theory and the modernization of our national spirit and traditional culture, enriching the national flavor and tradition of legal culture with Chinese characteristics and reshaping the legal confidence of our country.