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Original title: Implementation of the Civil Code will soon boost national governance capacities
Legislation in key areas and emerging areas will be strengthened next year
Source: Daily economic information
“The first civil code of the new China will come into effect under the eager anticipation of the people across the country. Each of our lives will be profoundly changed by the birth of this code.” Speaking of the enactment of the civil code, Kyoto Law Firm Senior Partner Chen Yu was a bit excited by his words.
On May 28 this year, the Third Session of the Thirteenth National People’s Congress voted and approved the “Civil Code of the People’s Republic of China”, announcing the official arrival of the “Era of the Civil Code” of China. Looking back on 2020, the enactment of the Civil Code is a milestone in the history of China’s rule of law. Looking ahead to 2021, China’s rule of law system will continue to improve, focusing on innovation-driven development and ensuring people’s quality of life, and promoting the review of antitrust laws and women’s rights A series Laws and regulations such as the Safeguards Law continue to provide support to promote the comprehensive rule of law and the modernization of the national governance system and governance capacities.
Respond fully to the demands of the people.
The Civil Code is called “Encyclopedia of social life”, with more than 1,200 articles that cover the entire life of a citizen.
Liu Junhai, a professor at the Renmin University of China Law School, said that in view of the fact that the main social contradiction in our country has been transformed into the contradiction between the growing needs of the population for a better life and unbalanced development and inadequate, the Civil Code comprehensively adjusts the relationship between natural persons, legal persons and unincorporated organizations. Personal and property relationships, the fair regulation of all types of civil activities from cradle to grave, and the full protection of all types of civil rights owned by the people will help strengthen the confidence of the people in pursuing a beautiful and happy life.
Chen Yu stated that this time the Civil Code separates the “rights of personality” and uses a separate chapter to stipulate the “privacy and protection of personal information”, clarifies the concept of privacy and stipulates that secret recording and secret photography they are forbidden. Acts such as voyeurism, voyeurism, etc., should not intrude on the private lives of others, reflecting the protection of the most concerned interests of the people.
Mo Min, director of the Beijing Shengxin Law Firm, said that the development of e-commerce and the popularization of mobile phones have brought much convenience to life. We often use apps like online shopping, mobile phone travel, and food ordering. “When we use APPs or other electronic platforms for consumption, we have formed a contractual relationship with the platform and the provision of the service. However, before the enactment of the Civil Code, the court was more inclined to recognize the validity of the original contract in signed and stamped paper, rather than inclined to Recognize how to reach a consensus contract via the Internet makes it more difficult for ordinary people in disputes to produce evidence. ” He said the provisions on “contract formation” in the next Civil Code recognize electronic contracts from a legal perspective. The effectiveness of this solution fundamentally solves the aforementioned problems and reflects the progress with the times of the civil code system, making the civil code a powerful tool for citizens in general to protect their rights and interests in accordance with the law.
Guarantee the healthy development of the market economy
Industry insiders believe that the Civil Code not only responds to the demands of the people, but is also the cornerstone of the healthy development of the socialist market economy and an important guarantee for the modernization of the national governance system and the governance capacities.
Yang Lixin, a civil code legislator and professor at Renmin University of China Law School, said the rule of law must first improve the legal system. The Civil Code reflects the laws and regulations of all aspects of the economy and society. Economic entities deal with interpersonal and property relationships in accordance with these rules. When conflicts and disputes arise in specific economic activities, the courts will also render judgments in accordance with the rules of the Civil Code to ensure that the economy and society operate under the established rules. From this perspective, the implementation of the Civil Code can better promote economic and social development and promote the comprehensive rule of law.
“Once the civil code enters into force, the marriage law, the inheritance law, and the contract law will be repealed at the same time. The promulgation of the civil code has laid a systematic basis for law enforcement and judicial, and it has improved the national government system, “Mo Min said.
Chen Yu also noted that the Civil Code responded to the new issues raised in China’s reform and opening-up and the construction of the market economy. For example, special regulations on contractual land management rights have Chinese characteristics and have a positive effect on revitalizing common property, increasing land supply, and stabilizing housing prices.
“In the promulgation of the Civil Code, many articles are judicial interpretations or have been updated to legal articles through long-term judicial practice, which are in line with the reality of China,” Chen Yu said, for example, to strengthen “Green water and green mountains are golden mountains and silver mountains.” “For the real needs of protection of environmental resources, the Civil Code has increased the tort liability for damages due to ecological environmental pollution, specifically increasing the responsibility for the restoration of ecological damage, especially for deliberate environmental pollution and ecological damage that they cause. serious consequences, the offending person has the right to request corresponding punitive damages. These systems will play a leading role in real and economic life, perform the organic unity of national governance, economic development and protection of people’s rights, and they will show great vitality in the implementation process.
Accelerated legislation in multiple key areas
The Civil Code will enter into force on January 1, 2021. As a basic law of “solid base”, the Civil Code is the set of many laws, which makes the Civil Code present a considerable degree of complexity in terms of temporal effectiveness and applicable standards. The journalist also learned that the relevant departments will promptly issue judicial interpretations and relevant normative documents to ensure better application of the Civil Code.
“First of all, in response to the question of the temporary validity of the Civil Code, the Supreme Law will issue judicial interpretations, even if the legal acts that occurred before the implementation of the Civil Code are applicable to the provisions of the Civil Code, how are connecting the new laws and the old laws, etc., are expected to be implemented soon, “said Yang Lixin.
At the same time, the experts noted that, as a basic civil law, the norms established by the Civil Code are still relatively abstract and it is necessary to formulate more detailed normative documents. Yang Lixin stated that the basic principle of “personal information of natural persons shall be protected by law” is stipulated in the Civil Code, which should be applied in greater detail.
The spokesperson for the Legal Work Committee of the Standing Committee of the National People’s Congress, Yue Zhongming, stated at a press conference on December 21 that the draft law on the protection of personal information, based on the relevant provisions of the Code Civil, refines and enriches the rules of the personal information protection system and further strengthens the legal system. Sexuality, relevance and operability. The draft also includes special provisions for handling sensitive personal information, including personal biometrics, such as faces.
Furthermore, a series of heavyweight laws and regulations are expected to be implemented one after another, continuing to provide support to promote the comprehensive rule of law and the modernization of the national governance system and governance capabilities. Specifically, next year’s legislative work will also focus on strengthening legislation in key areas, emerging areas, and foreign-related fields. Yue Zhongming said key legislative work scheduled for next year includes promoting high-quality development, driving development around innovation, ensuring comprehensive deepening of reforms and opening to the outside world, and revising the Progress Law. Scientific and Technological, the Antitrust Law, the Companies Law and the Corporate Bankruptcy Law, etc .; Guarantees High quality of life, review the Education Law, the Vocational Education Law, the Infectious Disease Prevention and Control Law, the Environmental Noise Pollution Prevention and Control Law, the Law on the Protection of Women’s Rights , etc .; promote high-efficiency governance and review public safety management sanctions around building a country governed by law, a government governed by law, and a society governed by law Laws, formulate food safety laws, etc.
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