Silence Constitutes The Basic Study Of The Expression Of Meaning

Silence as a way to express their opinions,feelings,alternative,generally does not have the function that means the inner silence,because the state of mind at this time is in the fuzzy not clear,unable to express himself,so in most cases it is not recognized by law,but according to the principle of party autonomy,in certain circumstances given autonomy law is the inevitable requirement of civil main body the exercise of rights and diversity.According to the article 66 of the people’s opinion of China,there are two situations in which silence can be expressed as meaning,namely the agreement of the parties or the provisions of the law.In addition,in judicial practice judges may also show up in terms of the principle of private autonomy or the principle of honesty and credit.Therefore,in order to explore the silence constitutes a system design intention and the judicial practice,this paper is divided into five parts,through the analysis of legal theories,comparative foreign related system and combining the relevant judicial case study in recent years.The first part of this article mainly introduced the intention intrinsic category,emphatically analyzed the silence and express the intention and meaning realization and the difference between contact,analysis of silence and the relationship between the two and the difference between a similar concept,so as to lead to silence is under special circumstances constitute the essence is to have the special meaning of ideographic indirect said.The second part introduces the structure of the meaning of silence.Intention of the natural process is interesting form first,then we will interesting said,that is to say,although silent people in silent mode,but its inner meaning has been formed,only because of lack of external said link in silence and no legal value,so by applying the methods of the presumption of law make up for the natural defects,construction of unicom silence and said behavior of Bridges.The third part explores the legal roots of silence as an expression of meaning.Speed up the pace of modern society,under the condition of transaction process is simple and easy,greatly increases the silence of the uncertainty of the legal relationship,between the parties from the perspective of the protection of transaction security,it is necessary of silence in the aspect of legal norms.So from the perspective of legal theory root,silence as intention,but a comprehensive consideration law the principle of party autonomy principle and the reasonable trust protection as a result,the principle of honesty and credit as emperor terms,especially come to judge by the judicial practice to explain the important basis of silence,the three principles of complicated process after picking,game,eventually evolved have pushed the qualitative standard of the basic system.The fourth part introduces the three types of silence as meaning.Silent constitute the agreed intention into silence,silence and silence three types in accordance with the trading habits,in this paper,on the one hand,compared to the German law regulations,on the other hand,the legal science theory to the problem in our country,according to the meaning established according to different divided into silence,standardization of silence and in accordance with the agreed trading habits silence made in this paper.The fifth part combs the relevant judicial cases in our country,one is to find the judge to realize the case justice,often in judicial practice to determine whether the silence constitutes a promise.Second,the frequent occurrence of silence in the agent has the effect of legal effect,mainly including the reason of the meeting and the formulation of the recognition.Third,the relevant judicial cases that conclude the legal effect of the meaning of silence as the meaning of the practice.