The specific manifestations of the nature of civil law and their relationships

The nature of civil law can be understood in the following ways:

1) Civil law is private law. Therefore, for civil matters, even if the law does not clearly stipulate them, as long as they are not expressly prohibited by the law, the parties can do so, and they are legal.

2) Civil law is the law of rights. As a private law, civil law is aimed at recognizing and protecting the rights of civil subjects. Civil law should not only recognize the rights enjoyed by the subject, but also provide remedies when the rights are violated, so that everyone should pay full attention to his or her own rights and respect the rights of others.

3) Civil law is civilized law. Civil law emphasizes fairness, justice, equality, voluntariness, honesty and trustworthiness, and creates a legal environment for promoting the improvement of people's moral standards. At the same time, the basic requirement of the civil law for civil subjects to carry out civil activities is to conform to social morality, and social morality is the basic moral code that the public should abide by and adapt to the living conditions of society.

4) Civil law is substantive law. Civil law is a law that stipulates the rights and obligations between civil subjects, rather than a procedure for rights remedies, so civil law is a substantive law, not a procedural law.

5) Civil law is arbitrary. The civil law regulates the relationship between members of society, and the civil law regulates the behavior of the subject mainly to stipulate the mode of behavior for the civil subject, so that the subject can clearly understand what kind of behavior can occur and what legal consequences can occur, so as to decide its behavior according to its own interests. Therefore, most of the civil law norms are arbitrary norms, giving civil subjects the freedom and right to choose their behavior, and the parties can decide whether to apply the norms independently.

6) Civil law is domestic law. Civil law is a law enacted by the legislature of a country and is applicable to civil relations in the area governed by the law of a country, and is therefore domestic law.

7) Civil law is a code of conduct and a standard of adjudication. Civil law norms are not only the code of conduct for civil subjects, but also the norms for courts or arbitration institutions to adjudicate civil cases. Therefore, civil law is a code of conduct and a norm of adjudication.

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Manifestations of the nature of the socks of civil law:

1. From the perspective of subjects, civil law, as a private law, is an equal subject to which it applies; The subject to which public law applies is always the State.

2. From the point of view of content, the civil law regulates the property relations and personal relations between equal subjects. This is the main feature of private law.

3. From the perspective of the principles followed, the main spirit of civil law as a private law is to follow the principle of "autonomy of will", that is, "if the law does not prohibit it, it is legal"; The opposite is true.

The nature of civil law is mainly embodied in civil social law, private law and rights law, which is characterized by the fundamental attribute of one thing to distinguish other things.

Civil society law, private law and the law of rights are the main manifestations of the nature of civil law. Adjusting the relationship between persons with equal legal status is the essential attribute of civil law and the logical starting point of the civil law system. Studying the nature of civil law is beneficial to grasp the basic concepts of civil law, promote civil law, and improve the judiciary.

The specific manifestations of the nature of civil law.

1. Civil law is civil society law. As a norm of behavior, law generally takes the social relations formed between people as the object of adjustment, and achieves the purpose of regulating people's behavior through the adjustment of people's behavior. However, when there is a distinction between the political state and civil society, the roles played by people in group life are different, which also gives rise to the different requirements of the law for people in different situations.

2. Civil law is private law. The distinction between public law and private law is a long-standing classification in the history of Western law since Roman law, but there are many opinions on the classification criteria, and each has its own advantages and disadvantages. At present, the special statute doctrine (i.e., the law applicable to the state or an agency as the subject of legal relations in the capacity of a subject of public power is public law, and the law applicable to anyone is private law) is aimed at overcoming the shortcomings of other theories, and more and more attention has been paid to it.

3. Civil law is the law of rights. Civil law is a declaration of rights, and civil law is the study of rights, and it seems self-evident that civil law is called the law of rights, which may be the reason why most scholars do not mention this feature in their discussion of the nature of civil law.

China's civil law has the following nature: The civil law is the basic law for adjusting the relationship between the socialist market economy and the economy. The socialist market economic relations need to be adjusted by the laws that are compatible with them, and the adjustment of market economic relations needs to be adjusted by the laws that are compatible with them, and the most basic law for adjusting the market economy is the civil law.

Civil law is civilized law. Civil law is a product of civilized society, and the civil law of any society is compatible with the social civilization of the time, and China's socialist civil law is compatible with the construction of socialist civilization and is a civilized law that promotes and maintains the development and progress of socialist civilization. Civil law is a code of conduct and a standard of adjudication.

The civil law stipulates the behavior mode of the parties and regulates the behavior of the subject; If the provisions of the civil law are violated, the corresponding civil liability will be borne. At the same time, in the event of a dispute between the parties, the court or arbitration institution shall determine the rights, obligations and responsibilities of the parties in accordance with the provisions of the civil law. Therefore, the norms of civil law are also the adjudication norms of the courts' adjudication of cases.

Civil law is the substantive law of closed property. Civil law stipulates the code of conduct of the subject, confirms the rights and obligations of the subject, and amuses GodTherefore, civil law is a substantive law. Civil law is private law.

Civil law regulates property relations and personal relations between equal subjects, and therefore, civil law is private law.

Legal basis: Article 2 of the Civil Code of the People's Republic of China The Civil Code of the People's Republic of China regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects.

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Legal Analysis:1Civil law is private law.

There are three main theories on the criteria for dividing public law and private law: one is the interest theory, the second is the intention theory, and the third is the subject theory. The object of adjustment of the civil law determines that the civil law is private law, the social relations adjusted by the civil law mainly involve private interests, the relationship between civil subjects is that of equal subjects, and the state also participates in civil activities as a special civil subject.

Bringing civil law under the category of private law helps to promote the autonomy of the parties, minimizes state intervention, and helps to cultivate and develop citizens' awareness of rights and equality.

2.Civil law is the basic law that regulates market economic relations.

This is mainly inferred from the nature of property relations regulated by civil law. From the perspective of historical development, civil law has always been linked to the development of commodity economy or market economy; From the point of view of content, the property relations adjusted by the civil law are mainly the property ownership relationship and the property circulation relationship. In line with this, a civil law system composed of civil subjects, property rights, creditor's rights and other systems has been formed.

3.Civil law is the basic law that regulates the relations of civil society.

Civil society exists in relation to the political state, and generally refers to various non-political spheres of the contemporary social order. The civil law faction adjusts the relations between civil society, focusing on protecting the private rights of citizens and increasing the protection of individual freedoms, so as to build a harmonious civil social order.

4.Civil law is the law of rights.

The most basic function of civil law is to confirm and protect civil rights. From the point of view of origin, civil law was created to resist the interference of public power and protect the rights of citizens from infringement. The construction of the civil law system takes rights as the basic logical starting point, and the general provisions of the civil law and the sub-provisions of the civil law are all centered on rights.

Civil law confirms the rules of conduct of the parties through rights, and confirms rights through remedies.

5.Civil law is substantive law.

The Civil Code stipulates the substantive content of the rights and obligations of civil subjects among themselves. As a substantive law, civil law is both a rule of conduct and a rule of adjudication. As a rule of conduct, civil law has the function of establishing rules of transaction and life, and as a rule of adjudication, it is the criterion that judicial organs should follow to correctly handle civil disputes.

Legal basis: Civil Code of the People's Republic of China

Article 2: The Civil Law regulates the personal and property relations between natural persons, legal persons, and unincorporated organizations that are equal subjects.

Article 4: The legal status of all civil entities in civil activities is equal.