2006Journal of SwuplRequires access

Essence of Civil Law

Liqiang Zhang

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Abstract

Being a branch law,civil law originates from ancient European Roman Law,which was called jus civile and later it absorbed lots of the elements of law, right law, society law, etc.Civil law,which is apparently a basic branch law,was introduced into China from western civil law and jus privatum via Japan.In western traditional theory,the essence of civil law or private law is based on the opposition of individuals and the state.Civil law focuses on human beings,and is based on rights,and assumes acts as means and considers duties as protection.The in civil law is a citizen,an individual,and a private that includes a natural person,a legal and a non-legal-person body.In modern society,an individual means an individualistic person,while in contemporary society,an individual means a with social and natural characteristics.A in civil law is often designated as an economic person, a specific person or an abstract person while people are analyzing different civil law questions.Individualism and liberalism that concurrently concern society and nature underlie the philosophy of civil law.However,civil law has not actually socialized.Its domain is limited.Spiritually,civil law intends to pursue equality and liberty,all of which are concerned with the essence of civil law,i.e.the main tasks and values of civil law.

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Being a branch law,civil law originates from ancient European Roman Law,which was called jus civile and later it absorbed lots of the elements of law, right law, society law, etc.Civil law,which is apparently a basic branch law,was introduced into China from western civil law and jus privatum via Japan.In western traditional theory,the essence of civil law or private law is based on the opposition of individuals and the state.Civil law focuses on human beings,and is based on rights,and assumes acts as means and considers duties as protection.The in civil law is a citizen,an individual,and a private that includes a natural person,a legal and a non-legal-person body.In modern society,an individual means an individualistic person,while in contemporary society,an individual means a with social and natural characteristics.A in civil law is often designated as an economic person, a specific person or an abstract person while people are analyzing different civil law questions.Individualism and liberalism that concurrently concern society and nature underlie the philosophy of civil law.However,civil law has not actually socialized.Its domain is limited.Spiritually,civil law intends to pursue equality and liberty,all of which are concerned with the essence of civil law,i.e.the main tasks and values of civil law.

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Available abstract

Being a branch law,civil law originates from ancient European Roman Law,which was called jus civile and later it absorbed lots of the elements of law, right law, society law, etc.Civil law,which is apparently a basic branch law,was introduced into China from western civil law and jus privatum via Japan.In western traditional theory,the essence of civil law or private law is based on the opposition of individuals and the state.Civil law focuses on human beings,and is based on rights,and assumes acts as means and considers duties as protection.The in civil law is a citizen,an individual,and a private that includes a natural person,a legal and a non-legal-person body.In modern society,an individual means an individualistic person,while in contemporary society,an individual means a with social and natural characteristics.A in civil law is often designated as an economic person, a specific person or an abstract person while people are analyzing different civil law questions.Individualism and liberalism that concurrently concern society and nature underlie the philosophy of civil law.However,civil law has not actually socialized.Its domain is limited.Spiritually,civil law intends to pursue equality and liberty,all of which are concerned with the essence of civil law,i.e.the main tasks and values of civil law.

Key concepts: Civil law (Civil law), Law, Private law, Public law, Comparative law, Municipal law, Political science, Sources of law

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