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《Peking University Law Review》 2001-02
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Metaphor in Natural Person

Zhu Xiaozhe  
This thesis starts from a query into the specific expression of"citizen(natural persons)",which appears in the General Principles of Civil Law,and an explanation of such a fact through the perspective of philosophy of language.In this thesis,it is held that the civil law in western countries features as"private law"since ancient Roman Times.Later,in capitalism societies,civil codes embodied specific political meanings,in which the wording of"natural person"delivered such political ideas as"natural rights", "civil society"and"inviolability of private rights".When our country was transplanting private laws of western style in late Qing Dynasty through Nationalist government times,the concept of"natural person"was accepted as well.With the foundation of the Communist China in 1949,however,the expression of"citizen"was adopted to replace that of"natural person".After an analysis of such replacement with the help of the "knowledge/power"theory of Philosopher M.Foucault,Ⅰ conclude that such kind of language transformation represents a strong and forceful means in shaping new ideologies.In addition,the wording of"citizen(natural persons)"which was employed in the General Principles of Cvil Law(1986)reveals the collision between the "public"and"private"ideological approaches.With the establishment of market economy since 1990's,the"natural person"with an independent profile eventually appeared in the Contract Law of 1999.
【CateGory Index】: D923.1
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