Most Beautiful Chinese Civil Code
June 03, 2020 08:34 Source: "China Social Sciences" June 3, 2020 Total 1939 Author: Sun Peng

On the afternoon of May 28, 2020,Thirteen Session of the 13th National People's Congress for review and approve the "Code of the People's Republic of China",my country has officially entered the era of the Civil Code。Civil Law is a "Encyclopedia of Social Life",The Civil Code is the "Declaration Book of Rights" for contemporary China,She adheres to the concept of "people -oriented",Provide everyone with a kind mother -like care,Protect the legitimate rights and interests of civil subjects,Maintain the vital interests of the people,Meet the needs of the people's longing for a better life。Make a national wisdom,Cheng Great Code。The Civil Code is great,Also beautiful,She is beautiful because of greatness,It is also great because of beauty。So,Where is the beauty of the Civil Code?

Civil Code Beauty in the core value。The Civil Code Kai Zongyi "Promote the core values ​​of socialism",Putting it directly as the legislative basis and legislative purpose。Equality established by the Civil Code、Meaning Autonomous、Fair、Honesty trust、Public order and custom、The basic principles of civil law such as green principles and equality in the core values ​​of socialism、Freedom、Justice、Integrity、Civilization、Echo in harmony、complement each other。In the specific rules of the Civil Code,"Goods Terms" exempt from the worries of helping others,Encouragement and others,showing the righteousness of society;,Make Yinglie's spiritual spirit last,Resolutely defend the psychological coordinates of the country and the immortal backbone of the Chinese nation;,Inheritance and promoting the virtue of the Chinese nation family,Pay attention to the construction of family civilization,Realize "Home and Everything"。

Civil Code Beauty in "Green"。China is building and moving towards an ecological civilized society,bet365 live casino games The Civil Code not only establishes "saving resources、Protection of Ecological Environment "green principles,Inject this principle into the specific specifications of each distribution。In terms of land use,Establishment of construction land use rights shall be in line with resource conservation、Requirements to protect the ecological environment,Persons with beneficiaries should also exercise their rights in accordance with the requirements of the green principle。During the performance of the contract,The parties burden resources to save resources、Avoid the obligation to pollute the environment and destroy the ecology; after the contract is terminated,Related parties still have the obligation to recycling old things。Civil liability for environmental damage,The establishment of a special chapter of the infringement liability editor to make stipulations,On the basis of the "Infringement Liability Law" stipulates "environmental pollution responsibility", "environmental pollution and ecological destruction liability",Add to eliminate pollution、Responsibility to repair the ecological environment,Establish intentional pollution environment、Powering punitive compensation system for damage ecology,Public interest litigation for restoration of compensation for ecological environment and ecological environment damage,and clarify the liability for compensation for the loss of ecological service function。It can be said,The Civil Code is not a "green",Instead of implementing the "greenness"。

Civil Code Beauty in Humanities Caring。The Civil Code of the Civil Code independently compiled,Generally protecting personal freedom、Personal dignity,rich and expanded the type and content of specific personality rights,The general personality rights are complementary to the specific personality right,Shining humanist light。In specific personality rights,Civil liability for clarifying sexual harassment and the prevention Bet365 lotto review obligations of relevant units; improve the right to infringe on the name、Portrait right、The illegal identification criteria for the right to reputation,Reasonable setting name、Personal and other personality elements such as commercialization and utilization rules; incorporate credit rights into the scope of personality protection,Detailed regulations for the protection of privacy and personal information。In terms of personality rights relief system,Establishing a pre -litigation ban system,Clarify the liability for compensation for the spiritual damage of the right to infringe on human rights,Based on the protection specifications of infringement liability editors, a more comprehensive personality rights relief system。Independent editing of personality rights and their scientific and detailed specifications,Express the humanistic care of the Civil Code。In addition,For those who have no ability of civil behavior and restricted behavior, people who need to care for care,The Civil Code clearly stipulates that the most conducive to the guardian of the guardian and the greatest degree of respect for the true wishes of the guardian,Based on family monitoring、Social surveillance is guaranteed、State Care for Care,and in line with the needs of aging society, it stipulates the adult care system,Fully protect the interests of the guardian,Provide it with meticulous care。

Civil Code Beauty in Chinese characteristics。On the method,On the basis of the Pandekton's five -preparation structure,Personal rights、Infringement liability independent compilation,Created the seven -compiled body structure。The Civil Code will adjust the personality of personality and identity.、Marriage and Family Editor、Inheritance editor,Property editors that adjust the relationship between the attribution of static property、Contracts to adjust the relationship between dynamic property circulation relationships side by side,More reasonable Bet365 app download corresponding to the adjustment object of "personal relationship and property relationship",Finally, we will be compiled with infringement liability、Protection and relief of property rights,Clear and complete on the system。In content,The Civil Code actively summarizes the achievements made by the reform and opening up for more than 40 years,Proposal to the public's concerns to adapt to the solution to the national conditions of our country。The Civil Code will enter the collective land "three powers" into the method,Collective construction land transfer "Enter the Code",Deepen the reform of the rural land system,Promote the overall development of urban and rural areas; further improve the automatic renewal rule of residential construction land use rights,Realize "Fortunate Those who have constant production",Create a living right to protect the residence rights and interests of the disadvantaged people,to ensure that the people live and work in peace; clarify the profit -making legal person、Functional classification of non -profit legal person,Create a special legal person system,Help to promote the modernization of the national governance system and governance capabilities。Different from the traditional mainland law legislation to formulate a single -line building to distinguish ownership specifications,The Civil Code will distinguish the ownership of the building、The property service contract is included in the codes,and improve the rules of the owner's autonomy、Maintenance Fund Use Rules,In response to the needs of the people's daily life,Help build a beautiful home。

Civil Code Beauty in modern atmosphere。Compared to the "French Civil Code" compared to the "Carriage Times"、"The German Code" in the "Steam Machine Age","Chinese Code" born in the information age,Actively respond to the new problems raised by the times。Facing the development of information technology,Civil Code stipulates personal information protection rules outside the privacy,Bet365 lotto review Response the actual needs of personal information protection; clarify data、The property status of network virtual property,Provide protection for the rights of new property; stipulates that electronic contract establishment and performance rules,In response to the requirements of the development of the informatization era; add printing、Video will,Improve the form of will in the context of informatization society; refine the rules of network infringement behavior,Clarify the responsibility of online trading platform,More effectively regulating network infringement behaviors。Facing the development of biotechnology,The Civil Code stipulates organ donation、Human embryo、Human genes and other related legal issues。The regulations made in response to the development needs of the times,All let us feel the unique and unique modern atmosphere of the Chinese Civil Code。

Civil Code Beauty is standardized art。Civil law adjusts the relationship between rights and obligations between civil subjects,Should the interests of the civil subject of civil subjects constructing rules,Many norms of the Civil Code reflect this concept and their requirements。Editor -in -chief of property rights,Principles of Mission Property,Mosocement、Invalid rules of liquid clauses; recognize the floating mortgage system,Regulations determine mortgage property when realizing the mortgage; modify the prohibited mortgage transfer rules,Allow the mortgagor to transfer the mortgage,But at the same time, the mortgage is given to pursue effectiveness。Editor in the contract,Just liability for breach of contract,Increase the rules for the wrongdoing of the wrongdoing; improve the condition of the debtor to the creditor's right to exercise the right to offset when the creditor's right is perfected,Even if the debtor's claims on the creditor's rights are later than the transfer of the claims of the person,As long as the claim and the transfer of the transfer Bet365 app download are based on the same contract,Creditors also have the right to exercise the right to offer the rights of creditor's rights; stipulating that the rented period exceeds the term of the lessee's remaining lease,Instead, it is not legally binding to the lessor;、The Rules of Lease Right Fighting the Mortgage Right,Establish prerequisite for the settlement of the lessee to occupy the leased property。Editorial in personality right,Illegal illegal identification criteria for improving the right to infringe on human rights,Set "Occupation of Actions and Victims、The scope of influence、Misidism,Purpose of behavior、Method、Consequences, etc. "and other considerations,"Dynamic System" determines personality rights infringement behavior。Editorial in marriage and family,Regulations to comprehensively consider family agency rights and liabilities,Determine the common debt of the husband and wife。Editor in the infringement liability,Added self -service behavior、Delivery such as risks and other risk;,The regulations belong to the responsibility of the motor vehicle party,Pig manner should still bear compensation liability,But at the same time, it is stipulated to reduce the liability for compensation for general negligence.。These do not seem to be dazzling, but reflect the standard design of scientific legislation,Reflecting the artistic balance of law,On the basis of respecting the party's intentions and autonomy, Hengping protects the interests of the parties from all parties。

Establish private rights sacred、Contract freedom、The French Civil Code with the spirit of liability for negligence and the "German Civil Code" with an extremely strict logical system is the two great civil codes in the history of human law,It is also the monument that two people are remembered by the world。Compared to these two paradigm codes,The Chinese Civil Code born in the 21st century,With natural post -hair advantages,Not only borrowed the results of bet365 best casino games human rule of law civilization,Draw the nutrition of the times again,shows China's characteristics and heritage,Demonstrate the spiritual temperament and cultural tradition of the Chinese nation。She will not only further promote the construction of a socialist market economy with Chinese characteristics and the construction of a socialist rule of law,and will contribute to the development and progress of the rule of law civilization of human beings to contribute Chinese wisdom and Chinese solution。

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