The civil law system is divided into an internal and an external system. The value orientation of the internal system guides the external system, whose components （concepts, norms and institutions） serve as a vehicl...The civil law system is divided into an internal and an external system. The value orientation of the internal system guides the external system, whose components （concepts, norms and institutions） serve as a vehicle for the internal system. As the social foundation changes, the internal system of modem civil law has developed such basic principles as private autonomy, protection of the disadvantaged, protection of reliance interests and self- liability, principles that have permeated into the concepts, norms and institutions of the external system. The formulation of the Chinese civil code should take into account the foundations of Chinese society and give due weight to the construction of a dual system of civil law. By defining ＂person＂ in civil law, clarifying the expression of the internal and external systems in both the law of real rights and the law of obligations, and examining flaws in specific branches of civil law, we hope to advance the formulation of China＇s civil code.展开更多
文摘The civil law system is divided into an internal and an external system. The value orientation of the internal system guides the external system, whose components （concepts, norms and institutions） serve as a vehicle for the internal system. As the social foundation changes, the internal system of modem civil law has developed such basic principles as private autonomy, protection of the disadvantaged, protection of reliance interests and self- liability, principles that have permeated into the concepts, norms and institutions of the external system. The formulation of the Chinese civil code should take into account the foundations of Chinese society and give due weight to the construction of a dual system of civil law. By defining ＂person＂ in civil law, clarifying the expression of the internal and external systems in both the law of real rights and the law of obligations, and examining flaws in specific branches of civil law, we hope to advance the formulation of China＇s civil code.
