Research On Construction Of The Juristic Act System In The Future Civil Law Of China

Juristic act, which was created by jurist of Germany historical school of law, is praised highly in civil law system. It is known as the symbol of theorization in the civil law rule; it is the proudest achievement in civil law system .The German Civil Code first made it as an institution in law. The Japanese Civil Law Code, Korea Civil Code, Civil Code of Republic of China also followed this legislation practice. But some famous jurists argue that it is not a useful tool for a functional method like comparative law. The opponents regard the juristic act system as of very little value, and may by the contract standard substitution. In the legislation, very many countries have not established this system .Domestic scholars have the dispute about whether has to establish the juristic act system in the future Civil Law of China. But the most scholars approve of establish this system. When approving, author has studied how to construct the juristic act system.This article divides into 4 chapters. Chapter 1 has comprehensively focused on the essence of juristic act, The juristic act has the special technical function in the specific legal relation, its regulating action is essential also cannot be substituted in the field of civil law, but juristic act itself is the technical method which establishes to adjust the specific social relations in the civil law .Chapter 2 has analyzed some questions of the present juristic act system in our country, and put forward the proposal. Chapter 3 has introduced the relationship between juristic act and related system, to make rational arrangement in the content and the system. The last chapter has studied the legislation on juristic act in China and put some ideas about how to construct the juristic act in the future Civil Law of China.