刍议我国自然债务制度-法律专业论文.docxVIP

Discussion on natural obligation system in China Abstract Discussion on natural obligation system in China Abstract Natural obligation is not related in any provisions in laws of our country, while in the court case and judicial interpretation is more or less related, but not complete. Currently, in theory field, it is fierce debate about the retaining and abolishing of natural obligation. Some scholars believe that natural obligation is not necessary to be stipulated in the law; some scholars believe that, in the face of the current massive natural obligation disputes, construction of natural obligation system is necessary. This paper analyzes mainly from the source and the development of natural obligation, and also the reality of the situation. Moreover, it compares China’s natural obligation with relevant foreign natural obligation, analyses the effect and the type of natural obligation, and excludes types that are outside the scope of nature obligation. In conclusion, recommendations are made to build natural obligation system of our country, which can not only improve Chinas civil law system, but also effectively combine the moral and legal adjustment methods and carry forward the virtues of the Chinese nation. This paper consists of five parts including introduction and conclusion, mainly analyzing natural obligation on its concept, type, effect, nature etc., analyzes Chinas current situation and the existing problems about natural obligation legislation, and proposes some preliminary ideas on consummating our natural obligation system. The text is divided into five parts: The first part: the significance of the topic, put forward the research of natural obligation. Through a comparative analysis about natural obligation at home and abroad and in the view of Chinas current situation, to construct a complete set of natural obligation system is quite necessary to solve a lot of existing natural obligation cases occurred in judicial practice, protect the rights