The specific discussion of the study of the general provisions of the civil law discusses the basic

Discuss 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. The basic principles of civil law refer to the general principles that are generally legally binding, and also include the general principles of law that are legally binding even if they are not stated in the legal text.

Legal principles serve as a benchmark for the understanding and interpretation of legal provisions, and they take precedence over other principles and provisions, just as the constitution takes precedence over other laws. However, unlike the basic principles of civil law, they can be directly applied, especially those that are more technical, such as the principle that invalid acts are ineffective. The fundamental rules of civil law, which run through all civil legal systems, are the guidelines for the hairdressing of civil law and the basic norms for interpreting civil law norms, applying civil law norms, and conducting civil activities.

The basic principles of China's civil law are a concentrated reflection of the fundamental characteristics of the social relations adjusted by the civil law, and embody the civil policies of the party and the state.

It is generally believed that legal principles can be divided into four categories:

The first is the principle relating to the totality of the law, such as the principle of the relationship between the common law and the lex specialis;

the second is the principle advocated in scholarship as the basis of the system, such as the principle of autonomy of private law;

Third, the principles that show the intrinsic basic values of the Civil Code, such as equal rights and capacity of all people, freedom of contract, absolute ownership of false omen, and liability for negligence, are called the basic principles of modern civil law;

Fourth, there are more purely legal and technical principles, such as the principle that invalid acts do not take effect, and the principle that land and buildings are separate things.

Legal basis

Civil Code of the People's Republic of China

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

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 engaging 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 commitments.

Legal analysis: Compared with the General Provisions of the Civil Law, the compilation of the General Provisions of the Civil Code has basically not changed, except for the following new content in the section on guardianship: "Where the guardian is temporarily unable to perform guardianship duties due to the occurrence of emergencies such as emergencies, and the ward's life is in a state of no one to take care of him, the residents' committee, villagers' committee, or civil affairs department at the ward's domicile shall arrange necessary temporary living care measures for the ward."

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

Article 27: Parents are the guardians of minor children.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Article 28: Adults who lack or have limited capacity for civil conduct are to be the guardians of the following persons with guardianship capacity in order:

a) Spouse; 2) Parents and children;

3) Other close relatives;

4) Individuals or organizations that are willing to serve as guardians, but only with the consent of the residents' committee, villagers' committee, or Ministry of Civil Affairs for the ward's residence.

Article 28: Adults who lack or have limited capacity for civil conduct are to be the guardians of the following persons with guardianship capacity in order:

a) Spouse; 2) Parents and children;

3) Other close relatives;

4) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department of the place where the supervised sail guardian is domiciled.

The basic principles of civil law are:1The principle of equality.

2.Voluntary.

3.The principle of fairness.

4.The principle of good faith.

5.The principle of public order and good morals.

Functions of civil law:1Evaluative role.

2.Complementary effects.

The basic principles of civil law include:

1. The principle of equality;

2. The principle of voluntariness;

3. The principle of fairness;

4. The principle of good faith;

5. The principle of public order and good customs;

6. The principle of prohibiting abuse of rights;

7. Green principles are repentant.

The basic principles of civil law reflect the fundamental attributes of civil life, especially the general conditions, tendencies and requirements of civil society. The basic principles of civil law refer to the general principles that are generally legally binding, and also include the general principles of law that are legally binding even if they are not specified in the legal text, and the basic principles of civil law can be directly applied as well as ordinary legal provisions. The basic principles of civil law are the legislative guidelines that run through the entire civil legislation and play a commanding and guiding role in various civil law systems and norms, and are the concentrated reflection of China's socialist economic and political system, economic management system, and economic policies in law, as well as the concentrated reflection of the essential characteristics of social relations adjusted by China's civil law.

The connotation of the basic principles of civil law embodies the characteristics of civil law that distinguishes it from other laws, and draws a line between civil law and other laws, such as administrative law and economic law.

Legal basisArticle 4 of the Civil Code of the People's Republic of China: The legal status of civil entities in civil activities is equal and concurrent. 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 engaging 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 commitments. 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 entities engaging in civil activities 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.

Answer]: The function of the basic principles of civil law refers to the role of the basic principles of civil law in civil legislation, civil justice and civil affairs activities. The functions of the basic principles of civil law are:

1) Accusatory posture guidance function: The basic principles of civil law are the basic norms guiding civil legislation; The basic principles of civil law are the basic norms that guide civil justice; The basic principles of civil law are the basic norms for conducting hosiery banquets and civil activities. (2) Constraint function:

The basic principles of civil law are binding on civil legislation, civil justice and civil activities. The basic principles of civil law stipulated in the General Principles of the Civil Law of our country are binding on both the civil law and the special civil law. Neither civil justice nor civil activities may violate the basic principles of civil law.

3) Supplementary functions: In the absence of specific civil law norms, and some civil relationships cannot be resolved by analogy, the judicial organs can directly handle civil disputes in accordance with the basic principles of the civil law, and the civil subjects can also directly carry out civil activities in accordance with the basic principles of the civil law.