On The Characteristics And Theoretical Basis Of The Systematization Of Family Law In "German Civil Code"

The systematization of the family law part of the German Civil Code is a long process,not achieved overnight.The features and theories produced in the systematization process of family law have great research value for exploring family law.The theoretical basis of family law in the "German Civil Code" has been continuously deepened and developed with social changes.The main ones include the secularization of religious law,Savigny’s theory of the origin of the national spirit and the organic system of law and other related ideas,and Pandeckerton’s jurisprudence.and fundamental rights theory.These ideological theories gradually form an open,organic and developing system of German family law,so that family law can continue to develop with the development of society under the condition that the basic framework remains unchanged.In the process of systematization,the family law of the German Civil Code eliminates the previous legal contradictions and conflicts through systematization,and forms an organic whole through the content of family law through legal theory.First,the boundaries and contents of family law are determined with a rigorous and specific norm design,which improves the scientific nature of legislation and the applicability of the judiciary;second,it focuses on coordinating conflicts and contradictions in family law.The Roman law and the Germanic law were coordinated,and the conflicts and contradictions in the system were eliminated;thirdly,the basic standard of value judgment was determined,and the basic rights were used as the value judgment standard to explain the marriage and family relationship.The difficult problem of changing marriage and family relations;finally,to maintain the openness and inclusiveness of the system,and to respect national customs and religious traditions,German family law integrates many local traditional legal resources,and many national customs can be treated positively,and it has also played a role in legislation.and the active role of the judiciary,promoting the vitality and development of the law.The systematic theoretical basis and systematic characteristics of family law in the German Civil Code are of great benefit to the study of the construction of family law system.According to the features embodied in the systematization of family law in the German Civil Code,the system construction of family law should clarify the scope and content of family law in specific norms,focus on coordinating conflicts and contradictions in family law,and focus on explaining marriages that change with the times.Family relations,keeping the family law system open and inclusive,etc.