The function of the basic principles of civil law

The basic principles of civil law mainly include the principle of equality, the principle of autonomy of will, the principle of fairness, the principle of good faith, the principle of public order and good customs, and the green principle.

Civil law is a general term for the legal norms that stipulate and regulate the personal and property relations between natural persons, legal persons and unincorporated organizations of equal subjects, and is an independent legal department in the national legal system, which is closely related to people's lives.

Civil law includes both formal civil law (i.e., civil code), as well as separate civil laws and civil legal norms in other laws and regulations.

The basic principles of civil law are the legislative guidelines that run through the entire civil legislation and play a leading and guiding role in various civil law systems and civil law norms.

The function of the basic principles of civil law, the principle of equality, the principle of voluntariness.

a) Guidance function.

The function of the basic principles of civil law is prominently reflected in its guiding nature. When scholars discuss the basic principles of civil law, they emphasize that it is a guiding principle, a guiding principle, and a guideline. The basic principles of civil law are of guiding significance for civil legislation, civil conduct and justice.

What is the guiding ideology of legislation for legislators in formulating civil legal norms, especially in formulating civil basic laws? What are the essence and characteristics of the socio-economic and cultural system reflected in the civil law, and what kind of provisions are used to summarize these guiding ideologies and essential characteristics? Implementation in general clauses has become a basic principle of civil law.

After the basic principles are determined, they are not only the guiding principles of the basic civil law, but also the guiding principles of various civil legislation.

When a civil subject grasps the basic principles of the civil law, it can grasp the general direction of civil relations, and if it understands the basic principles of the civil law without understanding the specific provisions of the civil law, it can generally understand what should be done and what should not be done.

The basic principles of civil law are the guiding principles for the judiciary in handling civil cases. Only when the judiciary is guided by the basic principles of civil law can the norms of civil law be correctly understood, interpreted and used.

2) Restraint function.

The basic principles of civil law are binding on civil legislation, civil conduct and civil justice. The basic principles of civil law are binding on the specific norms and individual civil norms in the basic civil law, that is, the civil legal norms cannot violate the basic principles of the civil law. Civil acts are subject to the basic principles of civil law, and civil acts that violate the basic principles of civil law are not protected by law.

The basic principles of civil law are binding on civil judicial activities, and judges' interpretation and application of civil legal norms should be based on the basic principles of civil law.

c) Supplemental Functions.

The basic principles of civil law are in the position of guidance and commander in civil legal norms, but in the case of specific provisions in civil legal norms, specific provisions must be applied, and the basic principles of civil law cannot be directly applied. Some scholars say that the basic principles of civil law are "imperial clauses", which should not be used lightly, otherwise it will cause deviations and confusion in the application of law. In the absence of specific provisions in civil legal norms, the basic principles of civil law complement civil legal norms.

Due to the limitations of the legislator's understanding; Because the law is stable, it cannot be changed overnight; Due to the continuous development of social relations, legislation cannot exhaust everything, so the existing laws and regulations often cannot fully meet the actual needs of society. In the case of loopholes in civil legal norms, it is necessary for the courts to supplement the legal loopholes and for the courts to make laws, which is a summary of the civil legislation and civil judicial experience of various countries. Supplementing legal loopholes and court-making has higher requirements than restricting the effectiveness of law on the basis of basic principles, and should be very cautious, and it is necessary to make creative rulings with full reasoning on a case-by-case basis, in accordance with the basic principles of civil law, and guided by correct theories.

Since the basic principles are abstract provisions without specific constituent elements and consequences, how to accurately apply the basic principles requires constantly summing up experience and forming case types.

Legal Analysis: The basic principles of civil law are the norms of civil legislation and play a guiding role in civil legislation. The basic principles of civil law are the norms for civil subjects to carry out civil activities.

The basic principles of civil law are the basic basis for courts to interpret the law and fill in the loopholes in the law. The basic principles of civil law are the starting point for the interpretation and study of civil law.

Legal basis: Article 4 of the Civil Code of the People's Republic of China provides that all civil subjects have equal legal status in civil activities.

Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

Article 6: Civil entities engaged in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Article 7: Civil entities engaging in civil activities shall follow the principle of creditworthiness, uphold honesty, and abide by their promises.

Article 8: Civil entities engaging in civil activities must not violate the law and must not violate public order and good customs.

Article 9: Civil activities involving the main rock rental body shall be conducive to the conservation of resources and the protection of the ecological environment.

Article 10: The handling of civil disputes shall be in accordance with law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

The basic principles of civil law, Fool Bridge Hill reflect the fundamental attributes of civil life, especially the general conditions, tendencies and requirements of civil society. The functions are: 1 Guidelines for civil legislation.

2. A code of conduct that all civil subjects should follow. 3. Basis for interpreting civil laws and regulations. 4 Fill in the loopholes in the law and develop the basis for doctrinal jurisprudence. In the band.

See below for features:

The function of guiding civil legislation. The influence of the basic principles of civil law on legislation stems from the characteristics of the basic principles of civil law as the fundamental guiding ideology of civil law. It is the concentrated embodiment of the spirit of civil law, reflecting the basic needs of civil society for civil law, carrying the legal value contained in civil law, and thus having the function of influencing legislation; Regulate the functions of civil conduct and civil trials.