The Status of the Claim Rights in the Civil Code:the Guiding Conception of Civil Law in China

The legal relation theory proposed by Savigny and claim rights theory by Windscheid are fundamental theoretical grounds for German Civil Code. These theories bear the features of concept law based on individualism as their guiding conception. German Civil Code is advanced in theory and scientific in system.However,as the society and jurisprudence develop,the guiding conception and system have become less advanced. Thus,the Civil Code in China should learn from German Civil Code in a reformative and innovative way. The guiding conception of civil law in China is human oriented,in which humanis the integration of being individual,social and historic. Each person is the purpose of their own and also others. The normative structure of the Civil Code in our country should be centered on civil legal relation. While fundamental rights are not the basis for establishing claim rights system. Besides,claim rights for performance of obligation should be separated from claims for assumption of liability. Accordingly,the claim rights system should be established with the distinction of civil obligation and civil liability.