Research On The Mandatory Norms Of Civil Law

Civil law is closely related to everyone's life and work.Civil legal relations occupy an absolute proportion of all legal relationships,and civil law norms are used at a high frequency.For a long time,"private law autonomy" was almost equivalent to civil law.Similar to the economic field,in the process of relying on market self-regulation,many problems rely on the market itself to solve which always lead to inefficiency or even unfairness.At this time,the government needs to control to make it certain.Civil law also need it.With the constant emergence of new social conditions,if we only use the autonomy,it will cause many problems.Therefore,government intervention is needed.An important form of government intervention is mandatory norms.As a measure of the control over private rights,mandatory norms need to be scientifically and carefully arranged so that they can effectively achieve social fairness and without causing unnecessary infringements.However,the study of mandatory norms has been at the stage of exploration.The concept of mandatory norms has not formed a unified concept,and the type,function and application are less clear.Beginning with relationship between private law and public law,this article focuses on the mandatory norms,which uses normative analysis,comparative analysis and comprehensive analysis methods.Hoping to conduct a comprehensive discussion about mandatory norms on the types,effectiveness,application.This article mainly discusses from the following four parts:The first part discusses the concept of mandatory norms of civil law.First of all,it begins with the meaning of norms,legal norms,and civil legal norms.Through the classification of civil legal norms,we have a general understanding of the scope defined by the mandatory norms of civil law.There is a comparison of the two concepts of "mandatory" and "forced" which will help determine the name of the mandatory specification.Defining the aspects of mandatory objects,coercive force,behavior methods,and behavioral content,the concept of mandatory norms was defined from the aspect of connotation.And discuss the types of compulsory norms of civil law.The second part analyzes the effectiveness of the mandatory norms of civil law.This part mainly starts with the impact of mandatory norms on the society,which clarifies that the mandatory norms of civil law have a positive effect on remedying the defects of the private law.Through analyzing the value function of the mandatory norms,clarifying its role in the areas of order,security,and justice,and affirm its function of curbing market failure.Based on the classification of mandatory norms of civil law,we finally define the effective blocks of the mandatory norms of civil law.From the three aspects of legal requirements,civil law responsibilities and public law responsibilities,to study the nature and effectiveness of mandatory norms of civil law.The third part discusses the legislative path of the mandatory norms of civil law.This paper summarizes the lawful allocation of mandatory norms in the Continental law system,which is mainly through special civil law to set up.Possessing the characteristics of the responsiveness type,relationship type,the global and convergence,more attention to organizational and behavior of the main body.From the two aspects of equality subject and non-equality subject,the situation of China's civil law compulsory standardization is summarized.In the three civil legislative forms of "simple autonomy","simple control" and "consideration of regulation and autonomy",the setting of compulsory norms of civil law is briefly introduced.In the end,from the three perspectives of front-mounted,built-in and external-type,this paper puts forward the problems existing in China's mandatory norm setting,and puts forward sound suggestions for its setting.The fourth part put forward relevant recommendations on the specific application of China's compulsory norms of civil law.Starting from the identification method of the mandatory norms,to explore the administrative mandatory norms and the effective mandatory norms.To summarize the interpretation methods in application of compulsory norms and to explain the supplementary functions of the mandatory norms.The applicable method of mandatory norm,legal adjustment and meaning interpretation is summarized,and make recommendations for the final application.