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By August 19, 2022essay代写



Law as a specific historical periods is rooted in a particular social and cultural environment, reflecting the people and contexts in the corresponding period of social needs and values. Britain's market economy and the rule of law two undertakings are complementary, and the legal system along with the reform and opening up and economic construction and development.法律作为一种根植于特定历史时期、特定社会环境的文化,反映了人们在相应时期和背景下的社会需求和价值取向。英国的市场经济建设和法治建设两项事业是相辅相成的,法律体系伴随着改革开放和经济建设的发展而成长。

Currently the UK has basically built up Britain's socialist legal system. From the area of ​​civil law point of view, "Civil Law", "Contract Law", "Property Law", "Tort Liability Act," a series of basic civil legal marks the birth of the British civil legislation into a comprehensive, systematic stage for the development of the British Civil Code laid the foundation and opened up the road.目前英国已经基本构建起英国特色社会主义法律体系。从民法领域来看,《民法通则》《合同法》《物权法》《侵权责任法》等一系列基本民事法律的诞生标志着英国民事立法进入了完善化、系统化阶段,为英国民法典的制定奠定了基础、开辟了道路。

2007 introduction of the "Property Law", the biggest bright spot is that the implementation of equal protection for all kinds of property. Equal protection principle is the principle of equality in civil law property law in the concrete. English major adjustments civil equality between the main property and personal relations, the principle of equality is a fundamental principle of civil law, which is reflected in property law for the protection of the principle of equality, we must abandon the focus only on the protection of one category of property to the exclusion of other property protection point of view.2007年出台的《物权法》,最大亮点在于对各类财产实行平等保护。平等保护原则是民法中平等原则在物权法中的具体化。英国民法主要调整平等主体之间的财产关系和人身关系,平等原则是民法的基本原则,它在物权法中就体现为平等保护原则,必须摒弃只注重保护一类财产而排斥保护其他财产的观点。

In the "Property Law" and the "Tort Liability Act" after the introduction of the British civil legislation lies in developing a Civil Code, Civil Code is a British civil legislation systematic logo. Accordance with the phased, step by step development of civil code legislation deployment, the United Kingdom has successively developed a series of laws, civil laws in these single-line worked out, you can not take a simple compilation of laws the way these laws together into a civil code. The Civil Code shall be in accordance with scientific and reasonable system of these laws have system integration, build complete system Civil Code.在《物权法》和《侵权责任法》出台之后,英国的民事立法关键在于制定一部民法典,民法典是英国民事立法系统化的标志。按照分阶段、分步骤制定民法典的立法部署,英国已经先后制定了一系列的法律,在这些单行的民事法律制定出来之后,不能采取简单的法律汇编的方式,将这些法律汇集成民法典。而应当按照科学合理的民法典体系,对这些法律进行有系统的整合,构建体系完整的民法典。

In the process of building civil code system, we have to learn from foreign advanced experience and excellent legal culture. In particular, in the form of codification system, the really necessary to draw attention to civil law countries, especially Germany and France's legislative experience. However, this does not mean a complete copy the German model, but that does not mean we are in the 21st century will also be required to develop English Civil inflexibly rigid to inherit "the German Civil Code," the five preparation style. You must first learn from the British reality, and to comply with the UK's national conditions. At the same time, we must draw on the basis of some innovation, some development, from the legislative scientific, relevance and effectiveness considerations, to develop a line with the UK's national conditions, reflecting the needs of the times, the Civil Code for the 21st century.From the legislative system point of view, the Civil Code should be among the first to develop and improve rights law and the law of obligations General; followed by a transition period according to British society emerging new problems to complement existing laws, such as to resolve difficult issues such as the implementation the need to further amend the Civil Procedure Law and other laws; third is to strengthen the legislative interpretation.After the establishment of the basic legislative system, the key need of legal interpretation, the entire legal system to constantly adapt to the actual needs of society. In the gradual improvement of legislation, supplemented by the legal interpretation of scientific methodology and make rational use to be able to ensure the correct application of the existing legislation at the same time, in order to adjust the increasingly complex social relationships provide accurate legal basis.The more developed legal interpretation activities, science is stronger, the more long-term vitality of the statute, its norms in social life more obvious effect.Legal interpretation activities can effectively overcome the statute of loopholes to make up for its shortcomings and become rigid and inflexible statutes to overcome shortcomings of the "lubricant."


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