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On The Interpretation Of Meaning

Posted on:2019-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:J F HeFull Text:PDF
GTID:2436330569977837Subject:Law
Abstract/Summary:PDF Full Text Request
Interpretation of manifestation of intent theory is an important part of exploring the meaning of Interpretation of manifestation theory,and also,defining the effect of legal action.Although the Chinese academic circles have accepted and absorbed the viewpoints of German academia.Unfortunately,in the past,the Interpretation of manifestation of intent theory had not been integrated into the civil legal system of our country.But,in the 142 nd clause and the two provision of the PRC General rules of the people's Republic of China(2017),the rules for the interpretation of manifestation of intent were clarified,and the principles and methods adopted for explaining the interpretation of manifestation according to the relative person's division were defined.Based on the background and provisions,this paper according to the theory of space-time evolution,explaining the legislative process and legislative mode of the 142 nd provision of the general principles of civil law in China.At the same time,this paper combined the typical cases,consider the application of the 142 nd articles in our country,in order to make personal effort to the interpretation of manifestation system of our country.The main body of the thesis consists of introduction,main text and the conclusion,the full text is more than 36000 words.In the introduction part,the paper mainly introduced the background and significance of the topic,and the literature review.The body part was divided into three chapters.Based on the research basis of Interpretation of manifestation,the acceptance and development of interpretation of manifestation of intent in China,and the application of the 142 nd articles of the general principles of civil law.The first chapter introduced the production of the interpretation of manifestation,the elements of it,the classification of the it's types,and the three academic achievements related to the theory of the interpretation of manifestation.Then through the introduce of meaning of the interpretation of manifestation,this paper introduced the necessity of the interpretation of manifestation,the scope of application and the principled of it.Finally,it made an extension between the interpretation of manifestation and interpretation of law,and interpretation of legal act.The second chapter took the dispute of the theory of the interpretation of manifestation as the breakthrough point,and introduced the explanatory stance of idealism,expressionism and eclecticism.And also made a comparative analysis and comment on it.Then,based on the academic view of the continuity of theory,this paper made a comprehensive review of the legislative process and legislative mode.The third chapter described the two provisions of the 142 nd article of the general law of the civil law,focusing on its views and positions,legislative ideas and patterns.At the same time,this paper studied in combination with some cases.At last,this paper tried to find application problems that should be paid attention to in the process of application,and draws some conclusions and suggestions.The concluding part briefly reviewed the full text,and looked forward to the future development of the interpretation of manifestation of intent theory in China.
Keywords/Search Tags:Interpretation of manifestation, Interpretation of manifestation of intent, eclecticism, application path
PDF Full Text Request
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