Cultrual Introspection about of Right Orientated Theory and Codification of Chinese Civil Code

Codification of Chinese Civil Code is confronted with specific historical conditions and has specific problems to be solved.It is impossible to simply copy foreign experience.To codify civil code with national characteristics,we must determine the orientation of Chinese Civil Code firstly,that is the ethical,methodological and formal basis of civil code.The orientation of civil code is closely related to culture.Western culture of individualism that is regarded as the core of the theory of Right Orientation,has specific limitations.The transplantation of theory of Right Orientation results in the failure of Civil Law to perform public functions,the degradation of effectiveness in Civil Law,the reduction of Civil Law ethnic rationality and keeps Civil Law standing away from social life.In order to break the limitations above,this paper tries to discover the natural endowments of Chinese Civil Law culture that influences the ethical characteristics,the compilatory paradigm and the formal structure of civil code through cultural awareness.By doing that,we are able to build and construct Chinese Civil Law discourse system that aims at resolving the specific problems of codification and drafting a kind of civil code with both national and modern characteristcs.