The beginning of the avenue of the Civil Code
June 03, 2020 08:35 Source: "China Social Sciences" June 3, 2020 Total 1939 Author: Wang Lei

Law is not far from people,The concept of civil law is humanistic care,The Civil Code is people -oriented method。"The well -being of the people is the highest law",The original intention of the Avenue of the Civil Code is the spirit of humanistic care and freedom。The law is easy to change,Legate。Universal changes,Learning to understand the Civil Code、Effectively promote the implementation of the Civil Code,The first heart of the Avenue of the Pavilion of the Survivors,It helps us to change in a complex and changeable era。

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Civil Law Code is related to people’s daily common travel,Life is everywhere。Publicity、Promotion、The implementation of the Civil Code must always pay attention to people -centered。"The nature of the heavens and the earth is expensive。"The Analects of Confucius · Township Party": "厩,Zi retreat,Said: hurt people? Don't ask horse。"Legal Services,People are the center of all laws,"People,Heart of Heaven and Earth "。The law is established by people,The law is established。Legal to enhance people's well -being,Maintain the fundamental interests of the vast number of people。Montesquien said: "In the eyes of citizen -like mothers,Each individual is the entire country。"Civil Law always brings a gentle gaze with the hearts of the world,We always live in the gentle eyes of civil law。In the Civil Code,People are the purpose。Civil Code through respect for people's dignity、Care about the development of people,Relieve people's annoyance and sadness from the subtle place,Promoting people’s joy and happiness。The Civil Code specifies the personal relationship before the adjustment bet365 best casino games of the object.,On the basis of summing up the experience of the rule of law,Independent compilation of personality rights law。Personal rights in the civil rights system in the primary position,The purpose of the personality right system is to maintain the dignity of the person,Promote the comprehensive development of people。Residence right、The preferential lease right of the housing lessee helps meet the people's diversified housing demand,Help to realize lives、Residence,vividly reflects the people -oriented concept when the civil code adjusts property relationship。

People -oriented concept reflect the character of civil law,But do not cultivate individuals into individualists or exquisite self -interestists。Individualism emphasizes personal interests,Individualism is not the guiding concept of my country's Civil Code。Performs everyone's interests with people -oriented concepts,People in the Civil Code are all the purpose of themselves,also respecting others、All of others for the purpose of others。People are the existence of individuals,Also social、The existence of history。Modern civil law culture not only cultivates people who struggle actively and rationality in accordance with the law,Cultivation and human be good、with peace as expensive、Unity cooperation、Friendly and harmonious、Unity cooperation、Intergenerational friend,This is also cultivating good citizenship。Democratic、Civilization、Harmony、Freedom、Equality、Integrity、Friendly core values ​​such as friendliness are the legislative philosophy of the relationship between people in my country,mutual respect and mutual trust、Friendly ways of unity and mutual assistance to others are an important content of the internal value system of the civil code。

  Civil Code strengthening humanistic care for vulnerable groups

The degree of respect and guarantee of the disadvantaged group of society can show the level and realm of a national rule of law civilization。"There is something old,All of them,You have the director,Those who are lonely abolition,All of them。"The General Principles of the Civil Code emphasized to minors、Elderly、Disabled people、Women、Consumer's civil rights for special、Tilled protection,A new connotation of equal equality in the "weakness of weakness in the sense of weakness"。Civil Code Marriage and Family Editor further emphasizes the protection of women、Legal rights and interests of minors and elderly,Emphasizing family members should respect the elderly and love the young、Help each other,Give special care for the disadvantaged groups in marriage and family relationships。

The Care of the Civil Code extends forward to the fetus,Inheritance of the inheritance of the fetal heritage、Accept gift、Infringement damage compensation and other interests,It is the embodiment of respecting the concept of the equality of life and life。Civil Code reduces the age lower limit of restrictions on civil behavior capabilities,To better respect the self -consciousness of minors、Opportunity to expand its self -decision。Principles in family monitoring、Social monitoring is outside the diversified monitoring system supplement and national guardianship,The Civil Code also stipulates that emergency situations such as emergencies,When the guardian is temporarily unable to perform the supervisory responsibility,Resident Committee、Villagers' committees or civil affairs departments shall arrange necessary temporary life care measures for the guardian。Temporary Life Care Measures System helps to achieve meticulous Bet365 app download care for the guardian。The Civil Code requires the guardian to fully respect the true wishes of the juvenile guardians when they perform their duties,To maximize the interests of minors。The Civil Code also increases the special protection regulations for litigation of litigation for litigation of minors to suffer from sexual assault.,When determining that the children of minors are determined to be a divorce, they should respect the true wishes of minor children over eight years old,Adopted minors over eight years old should obtain the consent of the adopted person,These all reflect the special rights and interests to minors、The concept of humanistic care for priority protection。Social public interests contain the interests of vulnerable groups,The interests of minors belong to public interests,It is the common concern of the whole society。

"Old Man Anzhi,young man pregnant。"" "The presence of the whitening is not loses to the road。"The Civil Code expanded the scope of adult care,Adults who are not limited to non -civil behavior or restricting civil behavior capabilities,Elderly people and other adult obstacles can also be protected by intention and guardianship system,To achieve the old raising。Residence rights system is ensuring that the elderly live in their lives、At the same time as the residence is safe,allows the elderly to enjoy the exchange value of the house in advance,Give full play to the utility of the house,Provide legal guarantee for the elderly with the elderly。Ziyou asked filial piety,Zi said: "The filial piety today,can be raised。As for dogs and horses,can be raised。Dis respectful,Why not? "The adult children in the civil code of the adult children to the parental support obligations,Including both material support,Including mental bet365 live casino games support,Guarantee the elderly to get spiritual comfort,It is the legalization of respect for the elderly。The Civil Code Marriage and Family Editor "respects the elderly and loves the young" as the basic value orientation,Legislative term does not use "respecting the old and loving the young", "pension and love of the young", etc.,This promotes the "respect" of the Confucian traditional filial piety culture,"Filial" is the core of Chinese traditional home culture,"respect" and "support" together constitute the connotation of "filial piety"。

  The Civil Code fully guarantees people's freedom and dignity

Civil Code respects the autonomous voluntary of civil subjects engaged in civil activities,Fully protect personal freedom and personality dignity。The principle of voluntary civil code corresponds to the rule of law thinking and daily law of the rule of law and daily law of "law cannot prohibit freedom",Is the expression of freedom in the core values ​​of socialism。The key to understanding "Fa cannot be prohibited to be free" is to properly define the scope of "law"。"Law" in "Fa cannot prohibit freedom" includes the specific rules of the law,also includes the basic principles of the law; both include law,It also includes the habit that does not violate the principle of good customs and customs。The freedom of civil subject does not at the cost of infringing on the legal rights and interests of others,Do not at the price of damage to national interests or social public interests。When public power is restricted and guaranteed the freedom of civil subjects,Must follow "the law without authorization cannot be done", "the legal responsibility must be",This is also the useful manifestation of the negative list governance mode in the civil code。"The law cannot be authorized" and "the legal duties must be" the "law" in bet365 best casino games the thinking of the rule of law is not limited to the public law and legal departments of administrative law,The Civil Code naturally constitutes the boundary of "the law cannot be authorized" and "the legal responsibility must be"。Of course, the Civil Code belongs to the important part of the "law" in the principle of administrative and legal。

The autonomous volunteer of civil subjects guaranteed by the Civil Code is not absolute,To be honest、Public order and customs、The necessary restrictions of the green principle, etc.。Friendly and harmonious、Unity Democracy、Ecological civilization composition is necessary to supplement the principle of voluntary voluntary,Avoid creating a "personal person who has no public morality" in the field of market economy and ethical family life、Isolate individual or short -sighted individual,Fully restore the personal face of the whole,A better interaction between the whole and individuals,In addition to the free development of individuals,better realize interpersonal mutual assistance and care、Group free development and intergenerational fairness and justice。Good heart is the best law。Emergency Rescue System in the Civil Code、Resolution system in group autonomy、Any Rights System for the Ren of the Gifts、Good intentions to multiply damage reduction system、Green Principles and its specificization,All expressed the "whole person" image in the vision of the civil code,In addition to the adjustment method of voluntary dominance and forced assistance,Show the Civil Code tolerance、Diversified adjustment methods such as encouragement and necessary guidance,It helps to fully stimulate the good in human nature。

Civil Code through confirmation and guarantee civil rights,Guarantee human freedom and dignity,Efforts to bet365 Play online games satisfy the people's longing for a beautiful and happy life,Fully reflects our party to enhance the well -being of the people、The unchanged heart of maintaining the fundamental interests of the vast number of people。The ideal society of the Civil Code is also: honest life、No harm to others、Details each、Each can、Equipment、Independent choice、Balanced interest、Harmony with each other,To achieve people's sweet food、Mei Qi service、An Qiju、Le Qiye。

  (Author is an associate professor at the School of Civil, Commerce and Economics of China University of Political Science and Law)

Editor in charge: Wang Ning
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