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Seeking the Balance between the Conflicts

Author: ZhangJiCheng
Tutor: JiangXianFu
School: Hunan Normal University
Course: Legal Theory
Keywords: The Qing Min law draft Conflict Balance Glimpse
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 160
Quote: 0
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Abstract

During Revision in the early 20th century, since the law in the western two distinct cultural contradictions of modern Chinese society struggle by the opposition and conflict, gradually tuning fusion. Qing Draft Civil Law \After the General Principles of the Civil Law of the People's Republic of China \I believe that, \Late Qing legislators rather cleverly reconcile the two values ??and institutional forms there is a great difference in civil law culture, and accumulated considerable wealth of historical experiences and lessons of this historical process of China's current codification of the Civil Code should benefit . The paper uses historical and comparative analysis methods from the Sifa cultural conflict with the Civil Code of the late Qing Dynasty created the law and cultural context start, combined with research of legal historians, from Daecheong Draft Civil Law \aspects of the process of drafting the text of several examples, the civil law there is a great difference between Chinese and Western culture in the process of \I believe that the process of \The flaws of the contemporary Chinese civil law in the form of China Law Studies, seriously restricting the in-depth development of China's socialist economy. How to harmonize the conflict, which is the primary task of the Civil Code. Around the codification of the Civil Code in China, we need to calm combing existing civil law and civil law doctrine, prudence, reflection, aware of the Civil Code is a force competing personal interests, the interests of the social groups or national interests of the contrast conflict, allocation and harmony to some extent, the pros and cons of the vitality of the Civil Code, realized that the codification of the Civil Code should attach importance to the country's civil habits. With such a relatively well-off theory preparation period, the future of the Chinese Civil Code will be a reflection of the achievements of nearly a century of civil law, and can affect the 21st century the \

Seeking the Balance between the Conflicts

Abstract

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