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Under Constitution: The Formulation And Development Of Civil Law

Posted on:2006-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2166360155462147Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The constitution is the organic combination of constitutional practiced and constitutional value, its logic starting point is the broadly-defined constitution, the value its pursuit is human rights.The basic meaning in the civil law of constitution is prominent on two aspects: On the system aspect, the formulation and development of the civil law are supported by maturity of civil society, and the constitution is limiting the existence range of the civil law directly. On the value aspect, human rights is the value of constitution this confirm the deepest key value for the growth of the civil law.Civil society make a start on ancient Greece, state politics practice and constitutional idea citizen is the important foundation of civil society. The production and life of the family are separated out from the public space, thus obtained the initial private space for citizens. Ancient Rome has inherited ancient Greek political philosophy, and on the constitutional idea, ancient Rome has developed the concern on "individual". Contrasting the eastern political practice of the same period, we can see different routes to the social choice of political orbit.After Rome, the civil law came into a frustration experience. There are two outstanding characteristics: first the feudal system on the political system, second the Christian obtained enormous power. In this period, but two kinds of strength make contributions to civil law: First Christian law influence the civil law a lot, second the development of city impelled the appearance and development of the commercial law. Constitutional idea and practice break through yoke of Middle Ages, get considerable development since modern times. And the prosperity of the civil law, most important embodiment is the two civil code tide.The constitution has deep guarantee meanings to the civil right. Civil right confirm by constitution, getting higher guarantee for civil law. Meanwhile, making these civil rights obtain the double personality too.
Keywords/Search Tags:Constitutional, Civil law, Formulation, Development
PDF Full Text Request
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