Source Of The Basic Principles Of Civil Law In China

Since 1986,"Basic Principles of Civil Law" was formally established in "General Rule of Civil Law"."Basic Principles of Civil Law" is almost a necessary part of the knowledge system of Chinese Civil Law.Each version of expert proposals of Civil Law also has that part.Until 2017,"Basic Principles of Civil Law" was eventually identified as "Civil Rights Protection","Equality" and "Voluntary","Fairness","Honesty and Credit","Public Order and Good Custom" and " Environment Protection " in "the General Provisions of Civil Law".From the comparative perspective of the legislation of the world,it is rare to see the "Basic Principles of Civil Law" in foreign codes,which is almost the "Chinese characteristics" of the civil code.So,where did "Basic Principles of Civil Law" come from? What on earth was it?What was it’s function?On this basis,this paper is mainly devoted to explore the origin of "Basic Principles of Civil Law" in China,chooses the period from the abolition of "Six Codes of Republic of China"(1949)to the interpretation of "Basic Principles of Civil Law" in "Basic Problem of Civil Law"(1958),makes efforts to restore the original appearance of "Basic Principles of Civil Law".The paper is divided into four parts.The first part is the introduction.This part mainly includes topic origin,research status and research methods.First topic origin,this part mainly compares "Basic Principles of Civil Law" of Chinese civil law with that of foreign civil codes,and concludes there is difference between Chinese civil law and foreign civil codes.Secondly,the current research on "Basic Principles of Civil Law" can be divided into three categories:(1)exploring the causes of the differences between Chinese and foreign countries from the comparative perspective of legislation;(2)examining the rationality of "Basic Principles of Civil Law" from the perspective of normative attributes and conceptual analysis;(3)exploring the theology of "Basic Principles of Civil Law" from the historical perspective.Based on the summary and analysis of the research status,this paper further puts the question into: what is "Basic Principles of Civil Law" ? How did it came? What was it’s function? Finally,research methods.As the concept coming from the depths of history,this paper argues it must describe the origin background of politics,economy to restore the original appearance of "Basic Principles of Civil Law" by the means of "Historical Semantics".The second part is the origin of basic principles of Chinese civil law: legislation and theory of "Basic Principles of Civil Law" in the Soviet Union.The basic historical fact is that "Basic Principles of Chinese Civil Law" came from Soviet civil law,so it is necessary to understand the legislation and theory of "Basic Principles of Civil Law" in Soviet civil law.Therefore,this part mainly explains the legislation technology of the basic principles in Soviet civil law(the first article of Soviet Civil Code),and the formation of the basic principles of the Soviet civil law.The third part is the reason and condition that "Basic Principles of Civil Law" of new China transplanted from the Soviet civil law.Among them,the reason is China began the construction of "new people’s law" after the abolition of the "Six Code".Due to the rejection of the capitalist civil law and the influence of Sino-Soviet relations,the development of civil law in China has turned to "Learning from Russia",and the legislation and theory of the basic principles of the Soviet civil law have flowed into China.The condition,the Constitution in1954 established the "Principles of Socialism" and "Principles of People’s Democracy",which provided the constitutional basis for the establishment of "Basic Principles of Civil Law".The Chinese First Drafting of Civil Law provided practical conditions for the legislation of "Basic Principles of Civil Law".The fourth part is "the interpretation and expression of " Basic Principles of Civil Law " in new China".It mainly analyzes the meaning of "No Violating the Law or Public Benefits" and "Equality" in the four drafts of the first civil law drafting."Basic Problem of Civil Law",issued in 1958,first explained the concept,principles and functions of "Basic Problem of Civil Law".The fifth part is the understanding of "Basic Problem of Civil Law" correctly.According to the discussion,this paper argues that the basic principles of civil law in our country were originally established as the constructive principles of the socialist civil law,and its manifestation is the socialist principle.The discussion on the basic principles of civil law cannot completely be divorced from the historical context of "public and private law monism".And in the time of General Provisions of Civil Law,"Basic Problem of Civil Law" should retain the functions of judgment and value declaration.