Study On The Codification Of The Problem In The Perspective Of Comparative Law

Under the reform of the Chinese socialist legal system reform make snap, codificationquestion became hot topic of many scholars, this paper based on the perspective ofComparative Law Study on the problems of the details on the code. More than40,000words of full text, are made up of five chapters altogether. The main con tent ofevery chapter is summarized as follows:The first chapter is an introduction to the basic codification, starting from the basicconcept of "law" and "law", explore the codification of the advantages, at the same timelimitation for codification is expounded, the paper discussed the importance andconsideration of codification.The second chapter discusses the contemporary civil law codification of theory andpractice, elaborated from the code18, Europe in the nineteenth Century campaign, the firsttime in the history of the codification--thibaut and Savigny debate to clarify whethercodification. In the code of practice is introduced, mainly from the two countries in thecompilation of the civil code of practice are described, the compilation of "French CivilCode" and "German civil code compilation" and its modern traditional codificationconsolidation and development.The third chapter discusses the theory of the state is typical of codification ofcontemporary Anglo-American law system and its practice, from the legal reform of theBritish early set, indicating that in the British code compiling activity suffer from theopposition and obstruction. In the age of Bentham, he advocated the form of codification,in1802Bentham published "the complete code Overview", reflects the spirit of the times.The contemporary British and some relevant codification bill to parliament, but all werewithdrawn. The British home against codification strength is still strong, determines theprogress of each point of the codification of the road in England is a lengthy process.The fourth chapter is the writing purpose, mainly expounds the necessity ofcodification of China, Chinese codification road choice, carries on the elaboration fromChinese history of codification of choice. Which focuses on how China toward codificationroad--path of codification of Chinese road, respectively from the Chinese codification ofrationalism and pragmatism combination, improve the legal system and so on.The fifth chapter is based on the current reality in China, further to the compilation ofChinese civil law is bold proposal, play a role in the finishing touch, the last Chinesecodification path illustrates the significance of.