Chinese traditional family-based society is the legal basis for political, patriarchal hierarchy and national politics Consistent hierarchy, as represented by the family law civil law is to adjust the traditional soci...Chinese traditional family-based society is the legal basis for political, patriarchal hierarchy and national politics Consistent hierarchy, as represented by the family law civil law is to adjust the traditional social relations, maintaining the main legal norms of social order, Family law as one of the most important traditional Chinese society, the legal system, and the state law regulating social order constitute the dual legal structure. And its fundamental purpose is to maintain social harmony and stability of the feudal rule of order.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Chinese traditional family-based society is the legal basis for political, patriarchal hierarchy and national politics Consistent hierarchy, as represented by the family law civil law is to adjust the traditional social relations, maintaining the main legal norms of social order, Family law as one of the most important traditional Chinese society, the legal system, and the state law regulating social order constitute the dual legal structure. And its fundamental purpose is to maintain social harmony and stability of the feudal rule of order.
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.
