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Study On The Constitutional Theory Of Civil Law Scholars

Posted on:2019-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:P Z ZhangFull Text:PDF
GTID:2416330545460938Subject:Civil and Commercial Law
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In our country,there is a long dispute between the constitution and the civil law.The more famous events,such as the enactment of the property law,triggered a heated debate about the "unconstitutional letter" by Mr Tsang,and the bill was not stopped after it was introduced.After the enactment of the civil code,the relationship between the constitution and the civil law,the civil law scholars and the constitutional scholars have produced different understandings,and launched a new round of questioning of the constitution.The enactment of the civil code and the strengthening of the constitution have become the established policy of the central government,and a lot of work has been carried out.It is possible to assert that civil law and the constitution will have closer links and division of Labour in the future.There is no lack of research on civil law and constitutional relations,but it has not been fully summarized by the scholars from the perspective of civil law scholars.Focus on scholar’s view of the constitution,civil law is given priority to with literature review,which is based on review of way,in the civil law scholars as the breakthrough point,can more intuitive present civil legislation activities important constitutional problems debate,helps to form the constitution of civil law educational world community greater consensus,better harmony and stability of power system of law,establish constitutional concept in all areas of civil and more considerations of the civil law in the field of constitutional elements,and promote the rapid development of civil law dogmatics.Have great controversy in many civil law scholars,there are three categories,the first is the civil law scholars of civil law and constitutional status is discussed,followed by the civil law scholars to the exposition of the constitution according to the terms of the final some concrete problems about the constitution and the civil law field.Among them,the famous views include the theory of the civil law(more),the constitutional theory of the civil law,the theory of the constitution,the non-mother law,etc.These arguments seem to be striking,and they form a unique political,economic,cultural,historical and environmental factor.From the perspective of the future,the conclusions must not be avoided,and the criticism is not fair.The analysis of its unique historical reasons can help to make a more objective and comprehensive view of civil law scholars and make a more specific analysis.The constitution is at the top of the pyramid in a country’s legal system and has the highest level of effectiveness.It is inappropriate to view the relationship between the people and the people in the view of classical naturalism today.It is wrong to view the constitutional relationship in isolation and separation by public and private law.It is also unrealistic to try to portray civil law as a rule of autonomy with political insulation.It should pay attention to the constitutional issues in the codification of civil code;Emphasizing the constitutional interpretation;To establish the constitutional concept in the field of civil law;To emphasize the research methods of civil law sociology.
Keywords/Search Tags:constitutional view, The relationship between civil law and constitution, According to the constitution, Political hermeneutics of civil law, Views on the constitution of civil law scholars
PDF Full Text Request
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