Research On The Practice Of Friendly Thought In China's Civil Legal System

Friendship inherited from our excellent traditional culture,it is a moral character applied to the whole society in the new era,and it is the right interpersonal relationship advocated by the state at this stage.As a moral,friendly thought inevitably collide and merge with law that also is social governance in the course of its development,which is the necessity of social construction.Civil law as a legal system to regulate the rights and obligations between equal subjects and participate in most people's social life.It is easy to integrate with friendship,and also needs the practice of friendly thoughts.Morality and law have been debated from various angles for a long time.Friendly thought and civil law are the new manifestations of the development of the times.The occurrence and development of the two have different historical reasons and trajectories and each has its own characteristics.Friendly thought emphasizes priority of altruism,and civil legal system protects private rights,so mutual integration and practice are not easy.Even the friendly thought that already exist in the civil legal system are untimely and unsuitable.Researching the problem of integration in reality and analyzing the causes of social history is the key to explore friendly law,and also the key to seek the best fit between friendly thought and civil legal system.Through the analysis of friendly thought and the current situation of friendly thought in the practice of civil legal system.We can not only explore the new way of people's internalization of core values,but also point out the direction for modern civil legislation,which is of great significance for the establishment of rule of law in China.The article is divided into the following five parts:First,the introduction.The background and significance of the problem are expounded,and the existing research results are reviewed,and the research methods are introduced.Second,our country's existing civil legal system of friendly thought.From the change of traditional good,the party's thoughts and core values,we analyze the connotation and core of friendship,and clarify the three dimensions of friendly thought affecting civil legal system from a principled perspective.Third,the lack of friendly thought in our country's civil legal system.By combing the current important civil laws and regulations,this paper analyzes the social problems arising from the lack of friendliness,imperfection and lack of effectiveness in the process of civil legislation and implementation.Make clear the current situation of the practice of friendly thought in the civil legal system.Fourth,the reasons for the lack of friendly thought in the civil legal system practice in our country.According to the problems arising from the practice of friendly thought in civil legal system,it analyzes the reasons from three aspects:the ancient legal tradition,the trend of self interest priority under the market economy,the concept of state governance.And presenting the characteristics of the development of the two.Fifth,suggestions for further practice of friendly thought in the civil legal system.Through the analysis of the friendly thought and the current civil legal system,this paper puts forward some suggestions on the further practice of friendly thought in civil law system from three aspects of civil legislation,law enforcement and judicature.