论文部分内容阅读
The adoption of the General Provisions of the Civil Law at the Fifth Session of the 12th National People’s Congress， China’s top legislature， on March 15 marked a milestone in the rule of law in the country.
China urgently needs a civil code which incorporates laws on property， contract， tort liability， marriage and inheritance to suit its contemporary society.
The General Provisions， the opening chapter of the long-awaited civil code， contain provisions on a wide range of issues from ecological conservation to property protection and the guardianship system. It outlines the basic principles and general rules of the civil law.
The new law is based on the General Principles of the Civil Law adopted in 1986， which were partly revised in 2009. The General Provisions deleted outdated provisions of the General Principles and added new ones to better protect the civil rights of individuals and organizations. For instance， the statements that civil activities should follow state policies where no relevant legal provisions exist and that civil activities shall not undermine state economic plans， were taken out.
The General Provisions extend inheritance rights to unborn children and lower from 10 to eight years the statutory age at which minors are considered to have limited capacity for civil conduct. Protection of personal rights is highlighted in the General Provisions. For the fi rst time in China， the new law stipulates that an individual’s personal freedom and dignity are protected by law， as are his or her personal rights arising from marriage and family relations. To keep up with the Internet era， specifi cations include protection of personal information and virtual property.
The 18th National Congress of the Communist Party of China held in 2012 set out the objective of advancing lawbased governance， the realization of which will be built on a complete set of laws and regulations. The General Provisions have improved the nation’s civil law system， and represent a major step to comprehensively implement the rule of law and modernize the nation’s governance system. It will serve to improve China’s socialist market economy and legal system with Chinese characteristics.
China embarked upon the formulation of a civil code on several previous occasions—in 1954， 1962， 1979 and 2001. The first two attempts failed to produce real results for various reasons. Throughout the latter two efforts， however， an incremental approach was established under which individual civil laws were enacted first and the civil code would be compiled later when the conditions were all in place. This time around， with the adoption of the General Provisions， the goal of formulating a complete civil code looks to be a goal soon to be attained.
China urgently needs a civil code which incorporates laws on property， contract， tort liability， marriage and inheritance to suit its contemporary society.
The General Provisions， the opening chapter of the long-awaited civil code， contain provisions on a wide range of issues from ecological conservation to property protection and the guardianship system. It outlines the basic principles and general rules of the civil law.
The new law is based on the General Principles of the Civil Law adopted in 1986， which were partly revised in 2009. The General Provisions deleted outdated provisions of the General Principles and added new ones to better protect the civil rights of individuals and organizations. For instance， the statements that civil activities should follow state policies where no relevant legal provisions exist and that civil activities shall not undermine state economic plans， were taken out.
The General Provisions extend inheritance rights to unborn children and lower from 10 to eight years the statutory age at which minors are considered to have limited capacity for civil conduct. Protection of personal rights is highlighted in the General Provisions. For the fi rst time in China， the new law stipulates that an individual’s personal freedom and dignity are protected by law， as are his or her personal rights arising from marriage and family relations. To keep up with the Internet era， specifi cations include protection of personal information and virtual property.
The 18th National Congress of the Communist Party of China held in 2012 set out the objective of advancing lawbased governance， the realization of which will be built on a complete set of laws and regulations. The General Provisions have improved the nation’s civil law system， and represent a major step to comprehensively implement the rule of law and modernize the nation’s governance system. It will serve to improve China’s socialist market economy and legal system with Chinese characteristics.
China embarked upon the formulation of a civil code on several previous occasions—in 1954， 1962， 1979 and 2001. The first two attempts failed to produce real results for various reasons. Throughout the latter two efforts， however， an incremental approach was established under which individual civil laws were enacted first and the civil code would be compiled later when the conditions were all in place. This time around， with the adoption of the General Provisions， the goal of formulating a complete civil code looks to be a goal soon to be attained.