| The upcoming Chinese Civil Code contains over 1,200 articles and adopts a legislative mode that distinguishes between general provisions and specific provisions. This legislative mode is the result of systematization and scientization of legislation and has the advantages of saving legislative costs and being easy to be studied and implemented. From the perspective of the historical development of civil law, this mode of civil law codification is necessary and scientific. Under this mode, the general provisions of the Civil Code embody in a concentrated way the legislature's guiding ideology, provide for the basic principles and general rules of the civil law, fully implement the basic scientific principles of the civil law, and exercise control over all the specific provisions. Solving the problem of systematic logic among enormous groups of norms and institutions in the Civil Code, pointing out the work-cooperation and domination-subordination logic relationships between general provisions and specific provisions, and putting forward the principle of taking the general provisions as the ideological basis, the basis of the validity of the rules, and the basis of the scientificity of the jurisprudential understanding of the entire Civil Code, are the keys to understanding the Chinese Civil Code system and conducive to rectifying the jurisprudential tendency of neglecting, or even breaking away from the rules of the general provisions in the compilation of some parts and chapters of specific provisions against the special background of implementing the "two-step" plan of codification of the Civil Code in China. |
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