A Study On The Codification Of Chinese Civil Law-Based On The Perspective Of De-codification

All round the completed procedure of civil law countries,most experienced from “Codification” and “De-codification” to “Re-codification”,the main reason of this process is that the imperfection of the system and structure of the Civil Code has led to the emergence of a large number of specific civil laws or legal interpretations that undermine the original civil code system.Legislators reintegrate the factors that led to the disintegration of the Civil Code and complete the reconstruction of the Civil Code,namely the process of “Re-codification”.At present,China has just completed the compilation of the general part of the Civil Code,and it will take a certain period of time to fully realize the codification of civil law.Therefore,it is still too early to discuss the “Re-codification” of the Civil Code under the circumstances.But considering that China has already enacted and implemented a certain number of specific civil laws,legislators need to properly handle the relationship between the civil code system and the specific civil laws that can lead to the “De-codification”,to ensure the stability of the civil code structure,and to avoid the future introduction of the Civil Code,which will face an embarrassing situation of decomposition.This paper uses comparative research methods,taking the process of the European country's codification process as a reference,to examine the current civil law system structure and specific civil laws in China.The definition of the concept of “Codification” and “De-codification” was discussed.The process of civil code legalization in European countries was described.The history of China's Civil Code Compilation and the Counter-measures on the Coping of China's Civil Code under the Vision of “De-codification”.