The purpose of this brief study, intended specifically for the reader who wants to begin to comprehend canon law, is to outline the historical evolution of Church law and its juridical sources that have unfolded in ov...The purpose of this brief study, intended specifically for the reader who wants to begin to comprehend canon law, is to outline the historical evolution of Church law and its juridical sources that have unfolded in over two millennia History helps us to better understand that the uniqueness of the canonical legal system, willed by the divine Founder, expressed itself in a firm resolution in favor of law; a law which for the Church represents a means and not an end, i.e., the attainment of its objective for which it is competent： the salus aeterna anirnarum. In this socio-historical excursus, one is able to appreciate the unparalleled and the specificity of the canonical system and its sources.展开更多
State policies exert a great influence over Chinese civil justice. Article 6 of the General Principles of Civil Law stipulates that state policies are a source of civil law, but the path by which they enter civil just...State policies exert a great influence over Chinese civil justice. Article 6 of the General Principles of Civil Law stipulates that state policies are a source of civil law, but the path by which they enter civil justice is not a rational one and may lead to adjudication difficulties with state policies. State policies are integrated with state law, and the laws and legal interpretations formulated by the National People＇s Congress and its Standing Committee, judicial interpretations, administrative regulations, autonomous regulations and special regulations, administrative rules and other regulatory documents are forms of expression of state policies. Different rules for adjudication apply depending on the different vehicles of state policy. The Supreme People＇s Court can play a role in making public policy and guiding state policy into civil adjudication through ＂open＂ and ＂unseen＂ channels.展开更多
文摘The purpose of this brief study, intended specifically for the reader who wants to begin to comprehend canon law, is to outline the historical evolution of Church law and its juridical sources that have unfolded in over two millennia History helps us to better understand that the uniqueness of the canonical legal system, willed by the divine Founder, expressed itself in a firm resolution in favor of law; a law which for the Church represents a means and not an end, i.e., the attainment of its objective for which it is competent： the salus aeterna anirnarum. In this socio-historical excursus, one is able to appreciate the unparalleled and the specificity of the canonical system and its sources.
文摘State policies exert a great influence over Chinese civil justice. Article 6 of the General Principles of Civil Law stipulates that state policies are a source of civil law, but the path by which they enter civil justice is not a rational one and may lead to adjudication difficulties with state policies. State policies are integrated with state law, and the laws and legal interpretations formulated by the National People＇s Congress and its Standing Committee, judicial interpretations, administrative regulations, autonomous regulations and special regulations, administrative rules and other regulatory documents are forms of expression of state policies. Different rules for adjudication apply depending on the different vehicles of state policy. The Supreme People＇s Court can play a role in making public policy and guiding state policy into civil adjudication through ＂open＂ and ＂unseen＂ channels.
