What do you think of the Civil Law for China?

First, some understanding of civil law.

Law is the regulator of society. The mission of any departmental law is to adjust certain social relations, and civil law is no exception. The reason why civil law is different from other departmental laws is that it has its own special adjustment objects and methods.

The adjustment object of civil law is the property relationship and personal relationship between equal subjects. Personal relationship is a social legal relationship between personality and identity. Property relationship is the "real right" of civil law system, and it is a social relationship and legal relationship with property as the medium. The adjustment methods of civil law are divided into ex ante adjustment and ex post adjustment. The adjustment of civil law lies in restoring normal civil relations. The nature of civil law. First of all, civil law is a law of rights; Secondly, civil law is a private law, a law of civil society and a constitution of civil society. Basic principles of civil law: equality of parties in civil activities, autonomy of will, honesty and credit, and non-abuse of rights.

Civil activities are daily social life, and civil social activities are carried out within the scope of civil law. However, civil activities are beyond its scope before involving administrative law and criminal law. Civil activities are the most basic activities of civil society, and it can be said that civil law is dominant.

Civil law is the law of private society, the law of civil society, the law of non-power society, the law of complete equality and the law of adjusting civil society. It protects private rights. Therefore, I think that civil law is the people's law, with strong practicality, rooted in people's social life, derived from people's social practice, and closely related to people's own interests. Among all the laws, the civil law is the most closely related to people's interests.

Second, the experience of learning civil law.

Learning civil law can't just look at the provisions, even if it is useless to recite the general principles of civil law and judicial interpretation. The important thing of civil law is to solve practical problems on the basis of reciting articles, that is, to analyze them in connection with actual cases in order to truly understand them.

Learning civil law requires more practice and analysis of actual cases, so as to understand the law, that is to say, to remember it on the basis of having enough understanding of the law.

Third, the prospect of civil law

There are two perspectives of expecting civil law, one is from the law itself, and the other is from outside the law. 2 1 how will China's civil law develop in the century? Whether civil society can be placed at the core, highlighting the right standard and autonomy of private law, as mentioned above, is related to the whole process of rule of law in China, as well as the process of economic democratization and political democratization.

Looking forward to China's civil law from the angle of law itself. The achievements of the reform and opening up for more than 30 years have indeed made great contributions to China's economy, politics and even ethics. More importantly, it has opened up a kind of people's wisdom and put forward a new concept of governing the country, that is, to let the people live a rich life, a free and dignified life. Although this free state is still subject to many constraints, it has made great progress compared with before the reform. After the reform and opening-up, from the system and concept of civil law, we borrowed more from continental law, including the civil code of Europe and Japan and the civil law of the Republic of China, and combined with the national conditions, formed the basic situation of China's civil law today. With the marriage law, inheritance law, adoption law, contract law, trademark law, patent law, copyright law, company law, negotiable instrument law and many other civil and commercial legislation, coupled with the property law promulgated and implemented in 2005, the legislative system of China's civil law is constantly improving.

But maybe China still needs a general civil code. Codification is of positive significance to democratic countries. The basic principle of rule by man is "temporary punishment", that is, laws are made only when things appear. The rule of law must make the rules public in advance. Once the rules are formulated, they will not only bind the people, but also the legislators and law enforcers. There is nothing bigger in a country than law. The code has such a function: all the rules are formulated in advance and made public, thus guiding people's behavior and protecting people's rights and interests. The significance of the code is not only that there are written norms, but more importantly, people should know what systems and rights they have. And its far-reaching significance lies in becoming a culture and a habit and freedom of people, that is, doing things according to law and governing the country according to law.

The civil code is not a single law, nor is it a general law. It is the crystallization of legal culture in the past 30 years of reform, and it needs full brewing and preparation. On the one hand, we should speed up the legislative process of the civil code, on the other hand, we should be very cautious about the formulation of the civil code, because this is a landmark event in the process of rule of law in China. There is every reason to believe that China can work out a better civil code in a little longer time.