Research on Basic Issues of the Application of Civil Law

Author: Huang Mingyao
Publisher:
Publish Date: 2004-09-01
Features: The content of this book:
Chapter 1: Examination of the Connotation of Civil Law Application
1. Definition of the Concept of Civil Law Application
2. Civil Law Application and the Evolution of Civil Law
(1) The Stagnation of Civil Law Application Concepts and the Decline of Modern Civil Law
(2) The Free Law Movement and the Renewal of Civil Law Application Concepts
(3) Civil Law Evolution and Civil Law Application in China
Chapter 2: Historical Review of Civil Law Application
1. Civil Law Application in Ancient Chinese Society
(1) Whether There Was Civil Law Culture in Traditional Chinese Legal Culture?
(2) Glimpses of Civil Legislation in Chinese History
(3) Exploration of Civil Law Application in Ancient China
2. Civil Law Application in Revolutionary Old Areas
3. Civil Law Application in New China
(1) Civil Law Application During the Planned Economy Period
(2) Civil Law Application During the Planned Commodity Economy Period
(3) Civil Law Application Under Market Economy Conditions
Chapter 3: Basic Principles of Civil Law Application
1. Overview of the Basic Principles of Civil Law Application
2. Principle One: Maximization of Private Rights Relief – The Purpose Principle
(1) Where There Is a Right, There Must Be Relief
(2) Where the Law Does Not Prohibit, the Right to Enjoyment Exists
(3) Value Judgment of Mandatory Provisions
(4) Protection of Lawful Acts
(5) Maximally Confirming and Protecting New Rights
(6) Prevention of the Abuse of Rights Protection
3. Principle Two: Equity Based on Individual Cases – The Appropriateness Principle
(1) Rights Conflict and Equity
(2) Dominant Principle and Equity
(3) Good Faith and Equity
4. Principle Three: Civil Law Application Determined by Procedure – The Procedural Principle
Chapter 4: Legal Sources in Civil Law Application
1. The Connotation of Civil Law Sources
(1) The Concept of Civil Law Sources
(2) On the System of Civil Law Sources
2. Civil Law Sources in Judicial Practice
(1) Formal Civil Law Sources
(2) Informal Civil Law Sources
3. Conflict of Civil Law Sources and Means of Resolution
(1) On Source Conflict
(2) Principles for Resolving Civil Law Source Conflict
(3) On the Retroactive Effect of Civil Law
Chapter 5: Legal Reasoning in Civil Law Application
1. Overview of Legal Reasoning in Civil Law Application
2. Deductive Reasoning
3. Inductive Reasoning