The distinction between civil law and natural law

The era of the universal civil law corresponds to the middle of the 2nd century BC to the beginning of the 3rd century AD. The universal civil law, which means "the common law of all peoples", was an important part of the Roman private law system and was used by the republic to regulate civil legal relations between Roman citizens and foreigners, and between foreigners and foreigners.

of Roman law.

The civil law is the symmetry of the "civil law". It is also known as the "law of the people of all nationalities". The law of Roman law that regulates the mutual relations between non-Romans.

In terms of the source of law, it mainly takes the form of magistrates' notices or judicial documents, jurists' answers, and emperor's edicts. Among them, the law created by the magistrate or other senior officials is the most important, so it does not have the characteristics of a law as a whole, and is also called the "magistrate law" or "magistrate law" in theory. In terms of content, it is more about property relations and commercial relations.

The system is more complete than civil law, the procedure is simpler and more flexible, more suitable for the maintenance of Roman slavery and social and economic relations, with a certain nature of international law and natural law, the etymology of modern international law comes directly from the civil law, which was produced in 242 BC. After the 3rd century B.C., the principles of the civil law were transferred to the civil law, and after the Roman non-citizens obtained the right to citizenship, they gradually approached and integrated with the civil law in content, and after the promulgation of the Justinian Civil Code, the two were finally unified.

The difference between a citizen, a people, a natural person, and a legal person is that a legal person is a fictitious person and is an organization. A natural person is a person who is able to breathe and is born and dies according to the laws of nature. From the time of birth to the time of death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations.

A legal person's capacity for civil rights and civil conduct arises when the legal person is established and is extinguished when the legal person is terminated.

Article 3 of the Company Law of the People's Republic of China The company is an enterprise legal person, with independent property and the property rights of a legal person. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Article 13 of the Civil Code of the People's Republic of China: From the time of birth to the time of death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations. Article 59 of the Civil Code of the People's Republic of China A legal person's capacity for civil affairs and civil conduct shall arise from the time of the establishment of the legal person and shall be extinguished when the legal person is terminated.

The law which governed the citizens of Rome was called the Law of Citizenship, and the law of repentance that regulated all the freemen within the Roman rule was called the Law of All Peoples. The content of civil law is more public law, and the content of civil law is the law of ownership and debt.

The main difference between civil law and civil law is ( ).a The content of the provisions varies.

b Scope of application varies.

c Developed on different grounds.

d The criteria for sentencing are different.

Answer: BThe difference between the two1. The objects are different

1) the object of citizenship law is the Roman citizen;

2) the object of the universal civil law is between Roman citizens and non-Roman citizens, non-Roman citizens;

2. The content is different

1) The content of the civil law is more public law;

2) The content of the civil law is the law of ownership and debt;

1) The first of the civil law is the resolution of the popular assembly, the senate, and the norms of customary law;

2) the ** of the universal civil law is the "private law" norms inherent in Rome that have been cleared of formalism; the norms of other peoples who had contact with the Romans; and the commercial customs and regulations common to Mediterranean merchants;

4. The procedure is different

1) Procedural formalism in citizenship law;

2) The procedures of the universal civil law are more flexible.

The connection between natural law and positive law:Natural law is a system of justice that exists independently of political positive law.

Natural law asserts a higher principle above law—the lawmaker should not violate it, while positive law asserts that law is law (i.e., Shi Xuesong's positive law asserts that evil law is also law).

The most powerful refutation of positive law by natural law is the development of the legal system in Germany during the Nazi period, this issue is very complex, it belongs to the problem that has been discussed in jurisprudence, you can do the topic of master's and doctor's degrees, it is recommended to find professional jurisprudence books to have a more comprehensive understanding.

Natural law is a philosophy that asserts that certain rights exist because of the virtues inherent in human nature, that they are given by nature (traditionally by God or transcendental**), and that these rights can be universally understood through human reason.

Because it is determined by nature, natural law is considered objective and universal, and it exists independently of human understanding, as well as the enacted laws of a particular state, political order, legislature, or society as a whole.

All evaluations of man-made law should be based on their consistency with natural law. In a sense, an unjust law is not a law at all. Customary law addresses this notion in a unique way when formulating the content of the law.

In this way, natural law is not only a criterion for measuring different laws by moral values, but also a prerequisite for determining Sen's legal claims.

Natural Law Influences:

Natural law asserts natural human rights, equality for all, and the primacy of justice. Natural law is the ideological basis of the whole science and the guiding principle of various specific laws, and it is above all human laws and human rights. This idea of the natural equality of human beings is a theoretical generalization and sublimation of Roman legal practice, marking a high degree of maturity in Roman jurisprudence.

These are two completely different concepts.

One belongs to the category of rights, and the other is the category of law.

Natural rights can be understood as those rights that the people of Hunger Rock have at birth.

About natural law.

There is a school of law that is the school of natural law, which corresponds to the school of positive law. I can't tell the difference between them, and I forgot a little that it's jurisprudence.

The content of air strikes, jurisprudence is very, very abstract. If you want to know, it is recommended to take a look at the principles of jurisprudence edited by Mr. Shu Guoying.

The Tao is the law of nature.

For example, the regularity of the earth's movement around the sun, in the eyes of the ancients, is the regularity of the sun's rise in the east and the setting in the west. Nature is the most primitive and rotten nature of things that human beings have recognized at present, and it governs the Tao and is a force of a higher level than the Tao.

First of all, Roman citizenship law paid special attention to formality, such as a fixed language in the court, sacrifices to the gods, and special gestures, etc., and whoever made a mistake would lose the case. The Gentiles could not accept it. Second, its scope of application was limited to Roman citizens, and Gentiles could not be recognized.

And the Gauls, Spaniards, Italians also had their own citizenship laws. Rome** set up foreign magistrates to deal with cases of litigation between Gentiles and between Romans and Gentiles. In the long-term judicial practice, the civil law system has gradually been formed.

It was universally applied to all free people within the Roman Empire's rule, and the Gentiles were subsumed into the category of subjects of law. The civil law has a lot of content, and it is to unify various laws into the civil law. There are also provincial laws for provinces, but they must be obeyed.

Although the civil law is not yet completely unified, the civil law replaces the civil law and gives the law a greater scope of application. It reconciled the relations between the Romans and the Gentiles, the relations between the Gentiles, and the political, military, and economic relations between the Romans and the Gentiles. It can be regarded as the earliest form of quasi-international law, and it also played an important role in maintaining and coordinating ethnic relations between regions within a vast empire.

It became an important tool for the consolidation of Roman rule.

It's the Tao of nature.

From: "Lao Tzu" Chapter 25 in the book: Man is the law of the earth, the earth is the law of the sky, the heaven is the law of the Tao, and the Tao is the law of nature.

There is nothing, and there is nothing. This is the beginning and end of everything and the final basis for the change of motion. There is nothing else, there is nothing and there is. Nothing comes into being, it is the absence of movement and existence, that is, the existence of non-nature.

Explanation: Something comes from nothing and returns to nothing. There is no return to nothing, that is, there is nature but there is nothing.

Nothing is the two poles of oneness. There is no movement towards the other, or two-way motion or counter-motion, which is nature.

Nothing is the Way. The movement of the round trip, or nature, is virtue. Virtue is the relationship between the two poles of the Tao.

One is none, and the other is yes. Two in life, two into one. The third of life is virtue, which is nature.

One is yang and the other is yin. Yang gives yin, and yin receives yang. The rotation of yang and yin is the power of virtue and nature.

Yin and Yang are limited and unbalanced, and Yang gives Yin and is imbalanced and gives birth to positive and negative. Rotations that produce positive and negative are still virtuous and natural.

Take the meaning of Taoism: Tao gives birth to one, life to two, two to three, three to all things, and ten thousand laws and nature.