Системность принципов и их действие в гражданском праве России и Китая

Вестник Пермского университета. Юридические науки. 2018. № 39. С. 53–73.

Вавилин Е. В., Volos A.

Introduction: the article provides a comparative legal analysis of the principles of civil law in Russia and China. The importance of this problem is due to the similarity of certain processes taking place in these countries. In addition, although Chinese civil law has borrowed many legal constructions from a number of countries in Western Europe and the United States, it managed to preserve its cultural and historical traditions. This experience of China may be of interest for Russian legislators, who continue to reform civil legislation, including by borrowing foreign norms and principles existing in Europe and the United States. Purpose: to identify a number of common and distinctive characteristics of the principles of civil law in Russia and China and to compare the legal rules which are connected with the civil law principles. Methods: the research is based on empirical methods of comparison, description and interpre-tation, theoretical methods of formal and dialectical logic, and specific scientific methods, such as legal dogmatic method and interpretation of legal rules. Results: the principles of civil law in Russia and China appear to be similar, however a clearer understanding of the principles of civil law has been formed in Russia both at the level of doctrine and at the level of practice. Conclusions: a number of principles of civil law of China, in particular the legal equality of the parties, freedom of contract, are in the process of development and improvement, which is de-termined by socio-economic and cultural particularities.

Keywords: принцип добросовестности, свобода договора, принципы гражданского права, гражданское право Китая, принцип юридического равенства сторон гражданского правоотношения