On The Systematic Chemistry And Enlightenment In The Conception Of Legal Behavior

Historical jurisprudence inherits the systematic thinking advocated in the period of rational law,and focuses on constructing the systematic relationship between legal concepts.Pan Decton's jurisprudence transplants the spirit of systemization into the process of codification of the German Civil Code.The systemic method conceived the emergence of the German Civil Code,and made the concept of the legal norms of the Civil Code logically progressive.The creation of the concept of legal behavior in the legislation is hailed as the great discovery of the German Civil Code.Pan Decton's jurisprudence abstracts the core of the transaction type specified in the classical Roman law,extracts the meaning expression,and then realizes the legal behavior through deductive methods.Linked with the expression of meaning,and revised the concept of legal behavior,completed the transformation of the concept of legal behavior.The full text focuses on the evolution of the concept of legal behavior,trying to clarify the connotation of the systematic approach from the perspective of legal behavior,and the value of the systematic approach to the compilation of the current civil code.In the first part of this paper,through the introduction of the theoretical analysis of the compilation of the views of our Civil Code,it shows that the systematic approach as a codification technique has different understandings in China.Therefore,it points out the conditions for the realization of codification,namely the refinement of legal concepts and the openness of the legal system.It analyzes the current situation of the existing legal system in China and explains the necessity of the systematic approach to the legislation of civil code.The second part and the third part describe the two elements of the historical evidence and the legal structure form of the historical legal system chemistry,point out the different principles of the systematic method and the aforementioned legal methods,andexplain the scientific nature of the systematic method of historical law.The second part introduces the origin of the systematic method,explains the systematic method of the natural law and the rational law period,and then introduces the systematic method of historical law,and points out the difference of the systematic construction concept of historical law.The third part illustrates the establishment of empirical methods of historical law by pointing out the basis of the systematic approach,namely the hypothesis of national material.In the fourth part of the passage,we will reveal the concrete conceptual construction method of the system chemistry theory through the historical staging of the evolution of the concept of legal behavior,and point out that the concept of legal behavior has transcended the original meaning of the legislative norm and revealed the tool value of legal technology..The fifth part explains the deep connection between systemization and the German Civil Code,the codification significance of the systematic method and the thinking of the general system of our national code.