Implication of the Notion of ethical person on the Construction of Civil Law System:A Decoding of the Genes of Civil Law System

In German classical natural law,human beings are regarded as ethical person with reason and will,and as subjects in ethics and law. Samuel Pufendorf and Christian Wolff deduced from the notion of ethical person a theoretical system of natural rights and duty. German civil law employed this theory with critics and formed general theories of private rights where rights began to be the core category of civil law. Based on this,civil law factors was re-organized as a Pandekten System which is quite different from traditional Institute System. Civil law system experienced gene mutation since then. The history shows that civil law system roots in civil law theoretical tradition. The civil code of China should use Pandekten System with improvements.