Social Sciences in China (Chinese Edition)

No. 3, 2022

 

On the Transformation of Thinking in the Implementation of the Civil Code: From Special Regulations to Codified Thinking

(Abstract)

 

Wang Liming

 

With the promulgation of the Civil Code, China’s legislation has moved from the era of special regulations to the era of codification. In order to accurately understand and implement the Civil Code, it is necessary to move from special regulations thinking to codified thinking, which includes a shift from polycentric thinking to foundational legal thinking, from fragmented thinking to systemic thinking, from divergent thinking to unified thinking, and from juxtaposed thinking to coherent thinking. Codified thinking requires the establishment of the concept of the Civil Code as the fundamental law of the civil and commercial law sectors and an accurate understanding of the values and normative intent of the various institutions of the Civil Code. From a systemic perspective, it is necessary to harmonize relationships within the Civil Code and between the Civil Code and special regulations, and to integrate the value system of the Civil Code into the various civil law systems.