On the Jurisdictional Compliance Relationship Between the General Provisions and the Subprovisions of the Civil Code

This article is a dissertation that discusses and expounds the logic of the system of the civil code present after the completion of the civil code compilation project. The codex normative system is very broad; thus, it is necessary to understand the civil code system when studying, researching and applying it. This article proposes that because the General Provisions of the Civil Code implement the overall guiding ideology, the basic principles of civil law, and the basic principles of civil law science, to master the normative system of the civil code, one should first master the general provisions of the code for the subrules, with specific attention being paid to the governing role of each section and the compliance status of each section to the general section. The civil code is compiled according to this logic; thus, under this basic logic, the numerous code divisions and norms form a harmonious and unified whole. Therefore, the governing and compliance relationship between the general provisions and the subrules of the civil code is not only the principle of legislation but also the principle of law enforcement; the mastering this principle is of great significance to the law enforcement of administrative agencies, the analysis of the application of the code by the people's courts, and the adjudication of civil cases. From the perspective of the implementation of the civil code, the paper discusses the drawbacks of some typical views with great influence, which are separated from the basic rules of the general rules and arbitrarily interpret the rules of the rules; it also emphasizes the important theoretical and practical value of respecting the scientific logic of the civil law system and eliminating fragmented thinking.