General Terms Of Civil Law And The Specific Technology

China is at an important period in the Civil Code enacted. general terms should beone of the focus of this research, but Chinese scholars have not given much attention tothis, research in this area are not enough. Developed as a legislative technical method toovercome the shortcomings of a statutary law means, general terms has its greatadvantages. It is like a holes connecting cogens norms and law outer space to each other,so that the order of social ethics, morality and other aspect scan enter the erea of the law,by giving judges discretionary powers maintain its stability while adapting to socialdevelopment. However, the general terms of extremely abstract and general, too vague,difficult to grasp, the frequent application of the law may endanger the safety anduniformity, damage the authority of law. Thus, it is particularly urgent and necessary tospecify the moral standard to applicable concrete basis for the administration of justiceby adding the value to it. Starting in the basic problems of the general terms, the articleexplores the specific application of general terms.The article is divided into the following four parts:The first part is a overview of the general terms, which describles the basicproblem that the general terms related to. Firstly, from the technical attributes of generalterms as a way to overcome the limitations of statutary law, the article analyzes theobjective necessity of its existence. Secondly, the general meaning of the provisions wasanalyzed. Finally, adoption of the concept of the general terms and adjacentcomparative study to enhance the theoretical understanding of the general terms, pavesa way for the later study of general terms.The second part is recongnized rule of the general terms of different countries,mainly through listing countries law, including France, Germany, and Switzerland andother representatives on the general provision, after a comment on nuance of the generalterms its national scope and normative content , the article explains that general terms iscommon as a legislative technical in those countries and also are in a high priority.The third part is the functional analysis of general terms.General provisions isflexible, the founction to overcome the deficiencies of the statuary law should beaffirmed, it offers the possibility of legal development. But the negative effects of the general terms can not be ignored, the frequent application of the general provisions isbound to reduce the stability and authority of the rule of law, which will lead tolooseness, the judge discretion to expand the freedom to weaken the value of lawimplementation. Lead to a softening of the law and "to the general terms of escape" .The fourth part is the specific application of general terms.As the generalprovisions of civil law, it is first applied to the facts of the case and the standards. Next,under the culvert intake process, it often has to explain legal concepts about constituentof the general terms, legal interpretation of the general terms can be regarded aspre-application process. Finally, what is involved is the categorization of individualcases. Through the exploration of method to attain the precise adoption of the generalprovisions .