| In articles 3-9 of the General Provisions of the Civil Law, civil legislators list eight basic principles, including the protection of rights and interests, equality, private autonomy, etc., thereby expressing in a very intuitive way the basic values that they desire to pursue and charting the blueprint of an ideal civil society life. This piece of legislation also raises the thorny and important issue of the contextual relationships of the basic principles of civil law. These basic principles can be divided into two major sections:those aimed at realizing individual values and those aimed at realizing social values. If the basic principles are understood as a set of "programs" based on the theory of "scientific research programs" by the British philosopher of science Imre Rakatos, these programs are composed of "hard cores" and "protective belts". Among these principles, basic individual principles of rights protection, formal equality, negative freedom and formal fairness are the "hard cores"; basic social principles of good faith, legality, public policy, and environmental protection are the "protective belts". The former constitutes the strongest and hardest part of civil law and should be strictly adhered to, so as to maintain the existence of civil law, and the latter is a soft part of civil law, with elasticity and flexibility that enable the civil law to adapt to social changes. The two work together to form an overall picture of civil law. The way they interact with each other is not static and solidified, but dynamic and cooperative, that is, not only mutually complementary, but also mutually restrictive. Basic individual principles have the prima-facie-character compared with basic social principles, that is, in the preliminary judgment, the basic principles of individuality have greater weight, but this judgment can be overthrown by an argument based on more sufficient grounds. |
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