On the question of the influence of the social-economic factor on the civil law of the Chinese People’s Republic
Автор: Klinov A.S.
Журнал: Историческая и социально-образовательная мысль @hist-edu
Рубрика: Исторические науки и археология
Статья в выпуске: 5-2 т.9, 2017 года.
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The article analyses the question of the united economic structure in China and it's influence on the Law and it's codification. The codification of the Chinese Civil Law doesn't have total character. Some factors (social-economic, geographical, climate, ethnical, religious and some others) influence on integral and disintergral processes. Social-economic factor is the main factor in the keeping of the territorial unity of state and in the unification of its law especially in the sphere of economy in the modern world. Social-economical factor consists of two parts: the economic part and the social part. The economic part is the united economic structure. The social part is the social group (may be class or part) of inhabitants who wishes and maintain (by their labour efforts) the united economic structure's existence and development. There are two main conditions for united economic structure's existence. The first condition is the regime of the economic union. The second condition is the territorial unity. The economic union consists of three unions from the view point of the regime of the economic union: the financial union (single monetary system and union financial law), the customer's union (single customer border, non-limitation moving of finance, goods and labour) and the migration union (non-limitation moving of natural persons, nonlimitation for their temporal staying and constant living). The united economic structure consists of two part from the view point of its territorial unity: base (or heart) and periphery. Base includes territory where the main industrial and agricultural potential is situated and where most part of active labour inhabitants live. Periphery produces additional part the national product. The minority part of active labour inhabitants live in periphery. In case of disintegration of the base territory of the united economic structure it comes to its collapse and its inhabitant dye. In case of secession of the periphery the united economic structure come to crisis but can capability to overcome this crisis and to continue its existence. The united economic structure consists of economic regions. Every region specialises in producing of one or some (limited in the list of numbers) kinds of production. Regions exchange with production of their specialisation. This exchange has mutual and constant character. Mutual and constant character of above mentioned exchange demands unification in spheres of technology, medicine service, education, science, human rights, security. And in that part of judicial sphere, which connected to above mentioned spheres in the Civil Law in first. The process of creation of the united economic structure of the Chinese People's Republic is not completed till nowadays. Noncompleted character of the creation of the Chinese united economic structure is the main reason noncompleted character of the unification of the Chinese Civil Law. The Chinese Civil Law doesn't have Code. It has the Common Ground of the Chinese Civil Law. It is a quasi-code normative act. Separate normative acts play main rile in the Chinese Civil Law. Chinese normative acts are stables' and difficult to changes' as usual. Chinese traditions play very important role in the sphere of the Civil Law of the Chinese People's Republic.
China, economy, civil law of china, normative act, law, code, codification of chinese civil law, united economic structure, basic territory of united economic structure
Короткий адрес: https://sciup.org/14951855
IDR: 14951855 | DOI: 10.17748/2075-9908-2017-9-5/2-68-75