Research on the Rights of Trust Property - Civil and Commercial Law Library 11

Author: Tang Yihu
Publisher:
Publishing Date: 2005-06-01
Features: Law is a logically rigorous and self-contained system composed of a series of institutional rules. It confirms the roles and statuses of people in social life through state coercion, thereby resolving disputes, adjusting social relationships, and achieving the ideal state of the rule of law. As the legal maxim goes: "Where there is society, there is law (ubisotietas ibiius)." Law is the regulator of social relationships. In modern times, jurisprudence has also become a prominent field, and private law has become the essence of the entire legal system. To study jurisprudence, one must first study private law. Private law holds the status of a "mother law" in the legal system, with other branches of law enriching, perfecting, or correcting civil legal relationships from different perspectives. Moreover, as the fundamental law governing private life, private law is closely linked to human life, concerning every aspect of daily life such as clothing, food, shelter, and transportation, making it an encyclopedia of life. The regulations of private law also clearly define economic rules such as market entry rules, market transaction rules, market competition rules, and market exit rules, ensuring the conditions for economic life and promoting economic development. The free, equal, fair, and just principles that permeate private law, as well as the humanistic tradition of respecting and caring for people, are important manifestations of human civilization. The prominent role of private law in social life relies not on the rationality of power but on the power of rationality. From the long history of human society, the legalization of social life also began with private law. Over two thousand years ago, the wise Romans began to contemplate various rules of fairness and justice, creating a universal legal system for simple commodity economies that is highly regarded by countries worldwide, and developing a relatively complete private law system and private law philosophy. Although in the Middle Ages, private law suffered double oppression from feudal theocracy and autocratic monarchy, becoming a servant under the knees of theocracy and monarchy, the struggle to defend private rights never ceased with the revival of Roman law and the rise of private rights concepts derived from natural law thought. In modern times, countries in Western and Central Europe successively adopted Roman law, establishing more perfect private law systems in terms of content and form, and finally establishing the foundational status of private law in civil society. Private law norms also became the foundation of secular social order. In ancient Chinese society, the social role of law was neglected, with rule of etiquette and personal rule replacing the rule of law. The ancient legal system, which pursued moral justice and non-normative laws, was merely formalistic in nature, essentially an ethical law that emphasized criminal law over civil law, with a weak concept of private rights and a turbulent development path for private law. It was not until the early 20th century, with the introduction of Western learning to China, that modern rationalist private law concepts took root. After the founding of the country, especially since the 1980s, the private law academia in China has achieved remarkable results through the continuous efforts of generations of scholars, producing numerous works that are profound, meticulous, and thought-provoking, which is truly inspiring. Private law theory is vast and profound, with subtle principles, often leaving scholars feeling that they can spend a lifetime and still not fully master it. The advancement and development of private law theory depend on in-depth theoretical discussions and the innovation of doctrines, as well as the relentless efforts of legal scholars. The Central South University of Economics and Law has gathered a group of dedicated scholars who have diligently cultivated the field of private law. To widely absorb and learn from advanced legislative experiences abroad, grasp the development trends of private law theory, solve practical problems in judicial practice, and enhance the research level of private law theory, we have established the journal Private Law Research, launched the "China Private Law Network" (http://www.privatelaw.com.cn), and now introduce the Private Law Research Library series. This series will include key academic monographs and outstanding doctoral dissertations from our scholars, with plans to publish four to six volumes annually. We hope to use the Private Law Research Library as a medium for disseminating ideas, a window for academic exchange, and a platform for dialogue and interaction. On this basis, we aim to foster a free and equal academic atmosphere and establish an academic community of self-reflection. Through serious and rigorous academic discussions and critiques, we will promote theoretical innovation in private law research. The works included in this series are only a drop in the ocean when it comes to the field of private law. The talents of the court are not limited to a single branch, and we hope to collaborate with our academic peers, striving for progress together. This is the preface.