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Function of civil law

The function of civil law refers to the role or ability of civil law as an organic whole. In essence, it is the embodiment of the power of the social production mode and has immanence, dueness and certainty. characteristics. The function of civil law is the premise and basis of the function of civil law. The functions of civil law can be classified from many angles. From the perspective of civil norms as a kind of social rule itself, it can be divided into confirmatory rules and constitutive rules. Correspondingly, the functions of civil law can be divided into two basic functions: confirmation and coordination. The confirmation function of civil law is mainly reflected in two ways: First, it recognizes moral principles such as equal status of social members, equal rewards for everyone, fair competition, and good faith as basic principles of civil law, and refines them into various specific civil laws. The balanced distribution of rights and obligations in relationships; second, transforming a large number of moral norms into civil legal norms. The civil laws of most countries in the world with regard to neighboring rights, unjust enrichment, management without cause, invalid civil acts, courageous acts of justice, emergency avoidance and other similar norms have reflected and maintained to varying degrees such as mutual understanding and accommodation, solidarity and mutual assistance, leaving money behind, Traditional virtues such as honesty and trustworthiness. In laws such as marriage, family, inheritance, etc., which mainly adjust personal relationships, moral content can be seen everywhere, from abstract principles to specific regulations, and has even become one of the important sources of these laws. In the process of formulating and implementing civil laws, people may have different needs and feelings due to the imbalance in interest distribution and differences in subject values. This requires civil laws to be balanced with a reasonable mechanism and to seek standards that are generally recognized by most members of society. , as a rule to be followed by all members of society, while taking into account the protection of the interests of a minority, and thus deducing a series of institutional designs, which is where the coordination function of civil law lies. Reflected in legislation, especially in countries in social transition, due to the lack of supporting legal norms for corresponding legal reforms, when the original outdated civil rights and obligation relationship structures are modified or abolished and civil norms that meet the actual needs have not been formulated or are not available. When it is very complete, a large number of moral principles and rules that are consistent with market economic relations are directly transformed into laws to organize people to engage in civil activities in accordance with the market rules with fairness and integrity as the core requirements of the market economy. Based on these two major functions, civil law enables people to have an objective, effective, stable and rational judgment on the consequences of their actions by guiding, evaluating, educating, predicting and punishing people's actions, and while repeatedly complying with legal norms, In the process, they unknowingly identify with the law, are assimilated by the law, and form legal habits; at the same time, the mainstream values ??and standards of the country and society are condensed into fixed principles, rules and behavior patterns, thereby instilling the dominant ideology in people , allowing it to penetrate or internalize in people's hearts, and spread it widely with the help of people's behavior, and finally form a moral atmosphere that meets the requirements of the economic relations of the times. As the best example of natural law and a classic of civil law, the development and spread of Roman law (here mainly refers to Roman private law) for two thousand years has played a huge role in the formation of modern Western moral trends with commercial civilization as its main content. That's clear evidence. When we talk about the fact that contemporary developed capitalist countries are often a credit society, a society governed by law, and a civilized society, we do not know that this is due to the development of a large number of laws represented by Roman law and full of freedom, justice and rational spirit over the past two thousand years. Chen Xiangyin; it should be attributed to the indomitable and successive struggles that people used the law as a weapon to fight against clan nobles, conquerors, church forces, feudal monarchs and financial oligarchs. It is these vivid and universal practices and the baptism of blood and fire that have created the modern Western social morality based on the market economy, relying on constitutionalism and the rule of law, and pursuing civilization and progress.