2005•Journal of Yangzhou UniversityRequires access

Civil Code and Civil Law's Sphere

LI Yun-bo

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Abstract

Different Civil Codes adopt different manners on how to stipulate the civil law's sphere. To show the development of technique of legislation, and to confirm the legislature's good experiences that are summarized in a long period of legislative practices, we should lay a general article on civil law's sphere in our future Civil Code. Grammatical and logical mistakes exist in our General Principles of the Civil Law and the Draft of Civil Code, which should be corrected in our future Civil Code. It would be better that we choose civil relationships as the specialized term to express the civil law's sphere more precisely. To keep the opening character of civil law's sphere, we should stipulate the related article in a generalizing manner other than list the concrete content of it.It's needed that we lay a general item on civil parties in this article, and at the same time, we also should have a generalizing manner to express the civil parties' concept but not list all types of them.

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Different Civil Codes adopt different manners on how to stipulate the civil law's sphere. To show the development of technique of legislation, and to confirm the legislature's good experiences that are summarized in a long period of legislative practices, we should lay a general article on civil law's sphere in our future Civil Code. Grammatical and logical mistakes exist in our General Principles of the Civil Law and the Draft of Civil Code, which should be corrected in our future Civil Code. It would be better that we choose civil relationships as the specialized term to express the civil law's sphere more precisely. To keep the opening character of civil law's sphere, we should stipulate the related article in a generalizing manner other than list the concrete content of it.It's needed that we lay a general item on civil parties in this article, and at the same time, we also should have a generalizing manner to express the civil parties' concept but not list all types of them.

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Available abstract

Different Civil Codes adopt different manners on how to stipulate the civil law's sphere. To show the development of technique of legislation, and to confirm the legislature's good experiences that are summarized in a long period of legislative practices, we should lay a general article on civil law's sphere in our future Civil Code. Grammatical and logical mistakes exist in our General Principles of the Civil Law and the Draft of Civil Code, which should be corrected in our future Civil Code. It would be better that we choose civil relationships as the specialized term to express the civil law's sphere more precisely. To keep the opening character of civil law's sphere, we should stipulate the related article in a generalizing manner other than list the concrete content of it.It's needed that we lay a general item on civil parties in this article, and at the same time, we also should have a generalizing manner to express the civil parties' concept but not list all types of them.

Key concepts: Civil code, Civil law (Civil law), Law, Legislature, Legislation, Civil procedure, Political science, Public law

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