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《Journal of Tianjin Normal University(Social Science)》 2018-02
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On National Policy as a Source of Civil Law

QI Enping;  
In General Provisions of the Civil Law,there is a clear indication that custom is the source of civil law implied in the Tenth article while article Six of General Principles of the Civil Law concerning the status of national policy as a source of civil law of China is abolished.The national policy has the capacity to influence civil judicial decision in China in both positive and negative ways and its intervention is both visible and invisible.Also it should be understood that the result of intervention is positive than negative.Therefore,national policy is undeniably a source of civil law,which is of a great value in maintaining legal order,freedom,justice and promoting an integration of public and private law.
【Fund】: 天津市哲学社会科学规划重点项目(TJFX15-002)
【CateGory Index】: D923
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