On the Civil Code of P.R.China: Contemporary, Modern or Post-modern
MA Jin-liang
Abstract
MA Jin-liang
Abstract
In theory, the law autonomy requires that legal formalism should include autonomy of public law and private law by oneself,and correctly recognize the conservative standpoint of return to the civil law in Civil Code of Germany in its selection.In China at present it is still necessary to raise a cry of warning private law excellent location and private law autonomy and avoid the idea of establishing the post-modern civil code away from the real situation in China for the purpose of an excellent civil code,it is used as a legal requirement,which shall represent the formation of private law as much as possible with autonomy norm as its core.
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In theory, the law autonomy requires that legal formalism should include autonomy of public law and private law by oneself,and correctly recognize the conservative standpoint of return to the civil law in Civil Code of Germany in its selection.In China at present it is still necessary to raise a cry of warning private law excellent location and private law autonomy and avoid the idea of establishing the post-modern civil code away from the real situation in China for the purpose of an excellent civil code,it is used as a legal requirement,which shall represent the formation of private law as much as possible with autonomy norm as its core.
Key concepts: Civil code, Private law, Law, Autonomy, Civil law (Civil law), Political science, Public law, Comparative law