The Succession of Chinese Civil Law to Pandekten Jurisprudence: Introduction, Decline and Revival

This article is a dissertation on the guiding ideology and legislative technology on which the compilation of the civil code of China is based (ministerial-level award). The thesis points out that since the reform in the late Qing dynasty, China has adopted the Pandekten system in the legislative model of the civil code, and the basic principle of civil law, including the concepts and institutional systems, come from Pandekten jurisprudence. The thesis briefly reviews the situation in which the core idea of civil law was abolished and the whole civil rights system declined in the period of the planned economy system, as well as the chaos of civil law analysis and adjudication rules caused by the introduction of various civil law legislative technical systems in the early stage of reform and opening up. It goes on to summarize the formulation of the Property Law based on the guiding ideology of the protection of people’s rights and the basic requirements of the market economic system, stemming from the internal ideological system of legislation to the external technical rule system; in addition, it summarizes the rejuvenation of Pandekten jurisprudence in China’s civil law. This successful experience contributed to the essential renewal of China’s Property Law. The thesis points out that the compilation of the civil code should also continue to development in the direction of this scientific legislation and contribute to the protection of people’s rights and the further growth of the market economy in our country.