First of all, recognize the goals set by the Civil Code.
The confusion of civil legislation will lead to the disunity of civil judicial practice standards, which will make civil law unable to meet the needs of social development. The formulation of civil code can eliminate the confusion in legislation and fill the legislative gap. This is the superiority of the civil code. At present, China has initially formed a unified legislative system.
In the next legislative work, the systematization of China's civil law should focus on the formulation of the civil code. The formulation of the civil code should be suitable for China's national conditions, reflect the requirements of the times, better promote the perfection of China's civil legislation and civil justice, and ensure and promote China's economic and social development.
Second, strengthen the research on the concept of civil law.
The systematization of civil law is a summary of the system, compilation technology, guiding ideology, legal principles and even legal application of civil code. The civil code cannot cover all civil life, and the constantly developing civil legal relationship needs to be constantly standardized and adjusted.
Therefore, the civil code is not only for legislation, but for adjusting civil life. In order to make the civil law more systematic and formulate a suitable civil code, we should strengthen the research on the chapter structure, legislative technology, legal concept and judicial technology of the civil code.
Third, correctly distinguish the relationship between compilation and compilation.
There are two kinds of code schemes to formulate the civil code: compilation and compilation. As far as China is concerned, compiled code has some advantages that assembly code does not have. Codification code has a closed system, which can overcome the loopholes of the system, is conducive to the coordination between the systems, and can better demonstrate the formal rationality of the civil code and reflect the value of the civil code.
However, the defects in code compilation can be made up by legal interpretation. At present, the feasible way is that after the contract law and tort liability law are formulated in China, the general principles of personality right law and debt law should be formulated immediately. On this basis, these laws will be comprehensively systematized, thus compiling the civil code of our time.
Extended data:
The fundamental purpose of exploring the systematization of civil law is to form a complete codification system, thus establishing a civil code with strong logic and systematicness under the support of this system. The systematization of China's civil law is of great significance to the formulation and implementation of China's civil code.
Systematization of civil law is the inherent requirement of formulating civil code. The characteristics of civil code are systematicness and logicality determined by it, and system is the life of civil code. Under the guidance of established principles, the systematization of civil law can make a comprehensive plan for private law relations involving people's lives, thus establishing the pillar and skeleton of the civil code and giving play to its pre-planning and outlining role.
The systematization of civil law is the guarantee for the formulation of civil code. Establishing the civil legal system in the process of formulating the civil code will help to eliminate the conflicts in the current civil laws and regulations, and integrate all kinds of legal systems into an organic whole, so as to realize the unification of China's civil laws and establish an internally coordinated civil norm system.
The systematization of civil law is helpful to the observance and application of civil law norms. The systematization of civil law is to abstract the most basic rules in civil social life and stipulate them in the civil code, thus providing convenience for judges and other legal workers to apply civil law. Systematization helps to ensure the stability of civil legal norms, and ultimately realize the stability of social life relations and people's predictability in social life.
China * * * Production Party News Network-Academic Viewpoint: How to Systematize Civil Law