Systematization and Scientific Problems of Chinese Civil Law Legislation

This article comprises a work completed in 2011 and published in the 6th issue of “Tsinghua Law” in 2012. The problem consciousness of the thesis is as follows: while in 2011, China’s highest legislature announced that it had established a socialist market economy legal system, this thesis points out that it is precisely from the perspective of the “system” that civil law legislation still has significant systematic and scientific aspects. The flaws are very obvious and need to be corrected urgently. The entry of modern civil law into China is itself a systematic and scientific knowledge system, that is, the code model. However, the current civil laws in China are presented as separate laws and regulations. These laws have been formulated over a long period of time. Some important legal systems were formulated in the early stage of reform and opening up, and they did not reflect the basic spirit of the civil law society; however, some legal systems were formulated in different periods.