Theoretical Research on the Principle of Equality in Civil Law from the Perspective of Civil Society

Ruyuan Guo

Asian Social Science, 2019, vol. 15, issue 10, 141

Abstract: The assertion of equality of rights and abilities in the equality principle of civil law is incompatible with social practice. This kind of realistic contradiction forces the study of the essence of the equality principle of civil law to change a new path from “what is the principle of equality of civil law” to “what is not”. Based on this, the “essence” of the equality principle of civil law is to highlight the “principle” attribute of “equality” by excluding regularity assertion, and guarantee the qualification equality of social subjects in the field of private law by expanding rather than limiting the boundaries of interpretation space. The “essential” argument of the equality principle of civil law makes the interpretation of negative and positive implications logically possible. Civil law is based on the principle of equality. The negative implication of the equality principle derives the principle of freedom. The positive implication gives rise to the principle of honesty and credit and the principle of fairness and justice, which are the guarantees of the principle of freedom. Civil law establishes communication with the times through the dynamic and synchronic nature of the binary meaning of the equality principle，and equalizes the governance of civil law through the negative and positive implications of "one goes up and the other goes down".

Date: 2019
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