| The instance of legislation on the first part of civil law can be divided into two models: preamble part and general principles. The model of preamble part root s in the halfway application of logical tools in concrete norms and systems. This model is incompact and unorderly. Preamble part can be divided into the formal one and the substantive one. The model of general principles results from the conceptual jurisprudence that exert s conceptual abst ract and logical deduction to the extreme. However, they are the same in the const ruction of the system of civil law and are the inevitable result s of applying mathematical principles and logical tools to the substantive norms of civil law. When China establishes civil law, it's well founded that China design an inferior part of general principles including general stipulations and technical provisions. The contents of conventional general principles, such as civil juristic acts, object of right s and limitation of action, can be prescribed independently as inferior general principles in property law. |
京公网安备11010102006664号 京ICP备2023015853号