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The Study on Civil-law-interpretation-models Made by the Supreme Court in Early Republic of China

Author: WangShao
Tutor: ZhouZiLiang
School: Shanxi University
Course: Legal History
Keywords: Early Republic Daliyuan Civil Law Explain cases
CLC: D929
Type: Master's thesis
Year: 2010
Downloads: 82
Quote: 1
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Abstract

The early years of the Republic of China is a period of great change in Chinese history, the meantime filled with traditional and modern, Chinese and Western values ??conflicts and covertly, law and reality, judicial and political tension among seek balanced. The legal system, the old and the new law applies vulnerable to chaos, and the transition from the old quite students ambiguity; the legislature - the Congress nor the normal operation, and can not properly fulfill legislative mandates. Unified guidance of Justice, the highest judicial organ of, - Daliyuan to adapt to the current situation need to create laws assume responsibility to jurisprudence act \The role. Therefore, the interpretation of cases of Daliyuan certain historical influence in the history of Modern Legal. Daliyuan explanation example the necessity and possibility of its history, and also its particular mode of operation, its content and functionality is also very rich and unique. Parse the interpretation of civil law cases in the Early Republic, conducive to our study patients to play an important role in how to explain the process of modernization of the civil law, also can trigger a thinking of our current judicial interpretation of the status quo. Specific research process, this paper first the early Republican Daliyuan Civil Code causes explain cases were analyzed to locate its properties and look at the way it operates and style; explain the specific content of the cases followed began Daliyuan civil law analyze and summarize the characteristics; explore again and found the meaning behind; final against the status quo of China's process of modernization by the civil law and judicial interpretation of a further reflection, get some inspiration. In this paper, the study mainly use the following method. First, the research method. The primary data used in this paper is the early Republican Daliyuan interpretation of civil law cases. These data are the original first-hand historical data. These historical data collection, collation and interpretation of the process is the one to verify the process. Second, the classification method. This method is mainly explain cases of the sort and content interpretation of the early Republican Daliyuan Civil Code. The writer the early Republican Daliyuan the interpretation of civil law cases in accordance with the general principles of the modern civil law, creditor's rights, property rights, relatives, inherited five parts finishing based on the interpretation of the content. Thirdly, the comparative method. First applied to explain the cases of the early Republican Daliyuan Civil Code classification based on the contents of the interpretation of the method, mainly related to the early Republican explain cases of comparison with the traditional civil law solution; is used in our current judicial interpretation of work of reference, the is explained mainly early Republican civil law cases and comparison of the status quo of China's judicial interpretation. Fourth, the logical semantic analysis method. Explain cases of specific interpretation of the the early Republican Daliyuan Civil Code, the inevitable should be carefully worded to examine the language environment and practical significance. Fifth, the inductive method. That is based on the interpretation of the Civil Code each compiled explain cases summarized the early Republican Daliyuan civil law to explain the general characteristics of the patients. Of the early Republican Daliyuan Civil Code explain cases of the interpretation of the specific content of the paper summarizes the characteristics of the Daliyuan civil law explain cases visits early Republican Daliyuan is explain how cases of this form to deal with old and new civil law legal conflict to solve civil law Modern inherent in the process of law and following the integration issues by law. On the other hand, this paper to explore the early Republican Daliyuan civil law to explain cases the function and significance, and compare with today's judicial interpretation of the status quo, existing problems and to get some reference methods explained Daliyuan civil law cases.

The Study on Civil-law-interpretation-models Made by the Supreme Court in Early Republic of China

Abstract

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