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The implementation of the Civil Code is imminent! A total of 1260 entries are closely related to all.
This newspaper (chinatimes.net.cn) reports Yang Shisheng from Beijing
China ushered in the era of the civil code and entered the countdown.
The Civil Code of the People’s Republic of China (hereinafter, the Civil Code) was voted on and approved in the Third Session of the 13th National People’s Congress on May 28, 2020. It will be officially implemented on January 1, 2021. In about days, the full application of the Civil Code is the best respect for this code.
The Civil Code has an important position in the socialist legal system with Chinese characteristics. This is the first law named after the “Code” since the founding of the People’s Republic of China. Currently, it is the longest law with more legal provisions. It set a precedent for the codification and legislation of our country’s code and contributed to the modernization of the national governance system and governance capacities. Reform and openness in the new era and socialist modernization are of great importance and far-reaching.
“2879 votes in favor, 2 votes against and 5 abstentions.” On May 28, 2020, the third session of the 13th National People’s Congress voted and approved the Civil Code, which has Chinese characteristics, reflects the spirit of the times, reflects the will of the people, protects civil rights and safeguards the society A code of equity and justice was born.
“The Civil Code is the first time that the Chinese legal code is called, which is of great importance and high rank. Criminal law, administrative law, commercial law and social law that are not in accordance or incompatible with it must be used specifically in accordance with the provisions of the civil code The laws of other departments will be amended in an emergency to supplement the Civil Code and reflect the unity of the legal system. ”On December 24, lawyer Du Zhaoyong from Jingding Law Firm told him to the China Times reporter that this is what rules for the people., The fundamental requirement of putting people first. Only then can the dependence of the civil law constitution path be realized, and modernization is fundamentally the modernization of people, the rule of law and the law.
It took five years to cultivate a positive result.
The Civil Code has 7 chapters, 1,260 articles and more than 100,000 characters.
As the law with the largest number of articles, the largest volume and the most complex structure of the legal system of our country, the Civil Code system integrates the civil laws and norms of the 70 years of the founding of New China.
So there is a separate civil law, why do we need a civil code? It is reported that the fundamental motive is to promote the systematization of civil legislation. At different times separate laws were formulated, at different times the emphasis or focus of the legislation was different, so it is inevitable that there are inconsistencies in expressions, even conflicts and contradictions between separate laws, which greatly affect the law. Implementation, so there is an urgent need for a “Civil Code” that is compiled systematically, logically and scientifically according to a certain system and a certain framework.
This is the fifth time that China has developed a civil code since the founding of New China. Before that, China drafted the civil code four times in 1954, 1962, 1978, and 1998, but they were all shelved.
On March 20, 2015, in the Fourth Conference Room of the Office Building of the Permanent Commission of the National People’s Congress, Li Shi, then director of the Legal Work Commission of the Permanent Commission of the National People’s Congress, announced the official start of the compilation of the Civil Code. “At that moment, several elderly people who were sitting next to me excitedly said, ‘Today should be a day that can be recorded in the annals of history!'” Wang Yi, Dean of the University School of Law Renmin from China, member of the Leading Group of the Civil Code Codification Project Memories.
According to the decision and deployment of the Party Central Committee, the working group has clarified the “two-step” codification work plan: the first step is to introduce the general rules of civil law; the second step is to compile the divisions of the civil code, and revised and perfect drafts of the divisions and general rules of civil law It was merged into a complete draft of the Civil Code and then presented to the National People’s Congress for deliberation .
After several setbacks, since its inception in March 2015, the General Principles of Civil Law were approved at the Fifth Session of the XII National People’s Congress in March 2017, and the Third Session of the XIII National People’s Congress was approved on 28 May 2020. After more than five years, the Civil Code finally achieved a positive result.
It can be said that the promulgation of a civil code is the dream of generations. In fact, the first law named “Code” in the history of New China is unique because, based on past practice, it should have introduced the first civil code in March 2020, but due to the sudden new epidemic of pneumonia from the crown, this law Code was delayed more than two months.
Faced with the new situations and problems caused by the epidemic, this year’s National People’s Congress was postponed to May. Although the duration of the meeting was compressed, the suggestions and opinions raised by the delegates were not at all. The delegates deliberated and discussed at length a content as heavy as the draft of the Civil Code. It is understood that, based on the deliberative opinions of various delegations and the opinions of the relevant parties, more than 100 amendments and more than 40 substantive amendments have been made to the draft civil code.
In order to actively respond to social concerns, the conference made full use of the Internet and video methods to create many firsts in the history of the National People’s Congress. For example, it was the first time that a press conference, ministerial channel and other centralized interview activities were held in the form of online video.
People’s rights are guaranteed
The Civil Code is called the “encyclopedia of social life”, with 1,260 articles covering the entire life of a citizen.
“There are 1,260 articles in the Civil Code, covering all the links from fetus to grave, and they are closely related to all. During the compilation process, the Civil Code has made many changes to the original laws. With the implementation of the Civil Code, various supporting laws and Explanations will be published one after another. ” On December 25, lawyer Zhou Yuzhong, a partner at the Beijing Yingke (Guangzhou) law firm, told a China Times reporter.
Liu Junhai, professor at the Law School of Renmin University of China, also stated that the Civil Code comprehensively regulates personal and property relationships between natural persons, legal persons and unincorporated organizations, regulates in a comprehensive manner fair the various civil activities from the cradle to the grave of each person and fully protects people’s possessions. These civil rights help build people’s confidence in the pursuit of a better and happy life.
“The civil code is the basic law that adjusts the legal relationship between equal subjects and, of course, must also include family law. When it comes to disputes and related conflicts, pay attention to ‘civil law, loyalty and piety filial “instead of” civil law, loyalty and filial piety. “Loyalty is the country. Loyalty to citizens, not loyalty to the country. Citizens are the subject and the state is the object. Both the people and the people are equal subjects and masters of the country. ” Du Zhaoyong said that the implementation of the Civil Code should focus on promoting the development of the market economy and implementing the people Business Unity, and most importantly, modifying the market management laws to further respect the rights of citizens or other organizations such as market entities.
Du Zhaoyong further said that special attention should be paid to the national treatment of private companies, state-owned companies and foreign companies, and that all market barriers should be removed. “As the subject of the civil code, the future penal code, the administrative code, etc., the state must particularly respect the status of citizens as the main body of social wealth creation, protect the rights of citizens to possess, use, dispose and profit, especially respect the creative work of citizens, especially They are the intellectual property rights of citizens, which are the basis of national innovation and have a strategic significance. To further free the subjects of private rights, it is it should review the social management law, such as the management of the household registry and other laws and regulations, to increase the certainty, confirmation and concessions of the Power population movement, which is crucial for the establishment of a market economy. “
Therefore, “The compilation of the civil code is different from the general legal compilation. The word” code “in the civil code symbolizes the maturity of the civil legal system, highlights the change in legal standards from quantity to quality and also it protects the rights of people. The land involves all individuals, legal entities, social organizations, etc., not at one time, but everywhere “. Sun Xianzhong, a member of the Constitution and Law Committee of the National People’s Congress and a member of the Chinese Academy of Social Sciences, said that from the perspective of the comprehensive rule of law, civil law is about the general situation. China’s basic laws not only guarantee the implementation of the Constitution, but also play an important role in national governance.
“Although the civil code is not perfect, we still hope to achieve an effect that surpasses the German law and civil code in its implementation. This is the first implementation of the code in our country. Special attention should be paid to the participation of lawyers, respect for the sovereign status of citizens and welcome the era of rights. The coming. ”Du Zhaoyong said that as a late developing country, China owns the country, and the protection of private rights of citizens is the most basic obligation of the country, which is also the most important support of the Civil Code.
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