人格平等原则在近代中国民法中的确立（The establishment of the principle of personality equality in modern Chinese civil law）.doc

人格平等原则在近代中国民法中的确立（The establishment of the principle of personality equality in modern Chinese civil law） The principle of equality of personality in the modern civil law in the establishment of China The establishment of the principle of equality in personality Chinese in modern civil law is a gradual and stage of the process, from the Westernization Movement L9 century began in 60s, gave birth to the first national industrial and commercial Chinese. To the end of the L9 century, representatives of the bourgeois reformers Kang Youwei to the emperor letter, request to amend the law. Then, in September 1907, Qing government appointed Shen Jiaben, Yu Lian three, ERay to repair the law minister, referring to method, observe the China people, presided over the civil law; in October the following year, Shen Jiaben hired Japanese scholar Shida Kotaro, Matsuoka Yoshizheng drafted civil law, on the one hand refers to the world of civil law, on the other hand, taking into account the inherent features of the common law China from the provinces, folk customs, folk customs, complete the Qing Dynasty Civil Law Draft in 1911 five, which initially established the principle of equality of personality. To the sense of civil law as a legal principle of equality of personality, reflected in the civil law in a certain degree. Through extending between a sense of the social structure by citizens of the personality equality between family members to equal personality. This from politics to economy, from society to family personality equality realization, through the modernization of civil law in the process of social evolution in modern China, showed a complicated and tortuous process. Equality of personality is the human society for their own ideal form description, is also the goal of mankind as a whole. The existence of society, need to maintain a certain level of Kai structure to maintain a certain system, in this sense, absolute and comprehensive sense of equality of personality is