Dynamic Adaptation of the Basic Principles of Civil Law and Reconstruction of the Market Economic Order: Based on the Systematic Logic of the Chinese Civil Code
DOI:
https://doi.org/10.71204/524by011Keywords:
Fundamental Principles of Civil Law, Dynamic Adaptation, Market Economic Order, Chinese Civil Code, Digital Economy, Systemic LogicAbstract
Taking the systematic logic of China's civil code as a framework, this paper explores the dynamic adaptation of the basic principles of civil law in the context of the digital economy era and its function of reconstructing the market economic order. The study points out that traditional civil law principles (such as autonomy of meaning, protection of reliance, and public order and good morals) are facing the adaptive challenges of new business models such as the platform economy and data transactions, and there is an urgent need to realise a balance of values by integrating decentralised principles and constructing synergistic mechanisms. The article starts from the limitations of formal rationality in modern civil law, analyses the inevitability of modern civil law's shift towards substantiation, and emphasises the role of the expansion of the principle of good faith and the development of the typology of public order and good morals in regulating the risk of market failure. The Chinese Civil Code responds to the real needs of the digital economy, such as the protection of human dignity, the internalisation of environmental costs, and the distribution of platform responsibilities, through such innovations as the independent codification of personality rights, the introduction of the green principle, and the dynamic articulation of the special law on commercial affairs. In view of new challenges such as the dilemma of positioning data rights and interests and the regulation of algorithmic power, the study proposes to construct a two-tier rule of "consent-anonymisation" based on the principle of good faith, expand the scope of application of the principle of reliance in order to balance technological neutrality and transaction security, and realise a systematic distribution of platform responsibilities through the presumption of fault and differentiated attribution of responsibility. Distribution. This paper provides a theoretical framework and a practical path for the adjustment of the basic principles of civil law in the era of digital economy, which is of dual value for the improvement of the civil law theory system and the promotion of the rule of law in the market economy.
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Copyright (c) 2025 Wenzhou Shu (Author)

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