Selected Papers of The Jurist (法学家), Volume 4
Edited by Jichun Shi
Chapter 2: A study of the ‘common core’ of civil law in the historical contexts of China and the West – a functional comparison approach
Chinese and Western countries have different historical backgrounds, so it is quite difficult to make a comparison between them on in terms of the concept and structure of civil law thinking. However, if we make a functional comparison, we can discover that Chinese and Western civil law ideas both rely on their own dominant school’s ideologies, which are Confucianism and natural law, respectively. Although there are many differences in their development and evolution, their ‘common core’ should not be ignored. Particularly, they are amazingly similar in the following three aspects: firstly, they both pursue integrity in the spirit of civil law; secondly, their social functions are both to evaluate civil rules; thirdly, education is an indispensable way of carrying on their thought processes.. Keywords: civil law thoughts; common core; functional comparison
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