The Civil Code is significant in a comprehensive establishment of a well -off society
September 16, 2020 08:43 Source: "China Social Sciences" September 16, 2020 Total 2012 Author: Rankping Tan Zuo Cai

2020 is the year when poverty alleviation and resolute battle,It is also the year for the end of the well -off society in an all -round way。The "Civil Code", known as the "Encyclopedia of Social Life", will play an irreplaceable role in the great historical journey of building a well -off society in an all -round way。"Civil Code" is the basic law of the socialist market economy、Important Behavior Code for the Life of the People、Basic basis for judges' referees and civil and commercial cases,Living in an important position in the national legal system。It can not only regulate market order,Promoting the development of the market economy,and established a complete type of civil rights and protection system,The most important thing is,"Civil Code" shows the spirit of the era of humanistic care,Highlight personality protection,It is very helpful for enriching the spiritual life of the people。The critical period that is about to be fully built in the well -off society,"Civil Code" can not only effectively consolidate the results achieved in the process of building a well -off society,And will inject new blood into the fully built -in society。

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The term "well -off" first came from "Poetry · Da Ya · Min Lao": "The people are also labor -stop,汔 汔 "。"Cangxian is real and knows ceremony,Full of clothing and clothing and consciousness of honor and disgrace "(" Pipe · Herders ")。Economic and social development is the main goal of a well -off society。"Civil Code" is the basic law of the market economy,It is necessary to assume important tasks that promote the development of market economy and regulate market bet365 Play online games transaction order。Specifically:

At the value level。"Civil Code" with equality、Freedom、Honesty trust and public order and customs are value concepts,Established a very extensive personal rights and property rights of civil subjects。The Fourth Plenary Session of the 18th Central Committee of the Party decided to point out,Socialist market economy is essentially a rule of law economy,The development of the market economy is inseparable from the guarantee of the rule of law。The value concept of freedom and equality provided by the Civil Code is conducive to clarifying the relationship between the state's public power and the market economy,The decisive factor that makes the market truly the allocation of resource allocation。Article 187 of the Civil Code stipulate、The administrative responsibility and criminal responsibility,Affecting administrative responsibilities or criminal responsibility does not affect civil liability; the property of the civil subject is not enough to pay,Priority to undertake civil liability。This shows that civil liability is preferred by criminal responsibility and administrative responsibility,It is the specific expression of the people -centered values ​​centered。

At the institutional level。The development of the market economy needs to provide sufficient institutional supply。To promote the development of the market economy,"Civil Code" innovation trading system,Provide the corresponding specification supply。First,Create a new trading rules。To optimize the business environment,"Civil Code" innovative real estate and rights guarantee system,Keep atypical guarantee forms such as ownership、Financial lease contracts and factoring contracts are included in the scope of real estate and rights guarantee,and provide institutional space for the unified real estate and rights bet365 best casino games registration system,Therefore, a unified real estate right guarantee system has been established; the property mortgage system is improved,Added "Super Priority of Avasical Mortgage",Applicable scope of the normal operating activity system for expanded real estate mortgage,It is conducive to maintaining market transaction order。2,Improve the Rights Relief System。"Civil Code" added a punitive compensation system for intellectual property infringement and a punitive compensation system that contaminate the environment to destroy the ecology,further improved the punitive compensation system in my country's civil law system。third,Rules established by absorbing trading practice。"Civil Code" new "partnership contract", "factoring contract" and "property service contract" as typical contracts,Provides legal basis for the resolution of related disputes。For example,Factory contract is conducive to promoting the healthy development of the factoring business,Relieve difficulties in financing of small and medium -sized enterprises、Questions about financing expensive,Then promote the development of my country's real economy; property service contracts are not only conducive to protecting the rights of the majority of owners,And it is of great significance for promoting the healthy development of the property service industry。

  The meaning of the "Civil Code" in the protection of the right of civil subject

Fully build a well -off society,You need to safeguard the people's rights and interests,Increase the people's "getting sensation、A sense of happiness and security ",The comprehensive development of a person becomes an urgent need for reality。"Civil Code" is exactly the "declaration of civil rights",It is the basic basis for the protection of the private Bet365 app download rights of citizens。"Civil Code" total 1260 items,All types and contents around civil rights、How civil subjects exercise their rights and how civil rights are infringed and expanded。

"Civil Code" has more innovation in the protection of civil rights,It is mainly reflected in the comprehensive protection of personality rights。"Civil Code" adopts a "positive protection+negative protection" mode for the protection of personality rights,right to life、Physical rights、Health Right、Name right、Name right、Portrait right、Honorary rights、Honor right、Privacy and the right to personal information and the content of infringement、Infringement consequences、Relief method, etc. to define detailed definition,clearly reflects respect for personal freedom、Personal dignity and protection of personality,and the needs of the development and technological progress of the times,Realized the "protecting the people's right to protect the people proposed by the 19th National Congress of the Communist Party of China、property rights、Personal rights "requirements,Makes our country's protection of personality rights in unprecedented height。Another,"Civil Code" specially protects women、Children、The legitimate rights and interests of disadvantaged groups such as the elderly and the disabled。3489_3510,strengthened the protection of minors; the property rights editors can protect the elderly、Divorced Women、The living right system of disadvantaged groups such as children; in the marriage and family editor stipulates the protection of women、minors、The basic principles of the elderly and the disabled。

  The meaning of enriching the spiritual life of the people

Comprehensive building a well -off society is not just a satisfaction of material life,The construction and transformation of the spiritual life of Bet365 app download the people is also the meaning of a comprehensive well -off question。The generation of spiritual life is closely related to the nature of human and human nature,Activity to meet the spiritual needs of people,It is a way of life that makes people become human。Satisfaction of spiritual life can realize human spiritual freedom、Freedom of thought、Personality freedom,to enhance people's happiness。

December 2013,The General Office of the Central Committee of the Communist Party of China issued the "Opinions on Cultivating and Practicing the Core Values ​​of Socialism",Among them, "laws and regulations are an important guarantee for promoting the mainstream value of society"。"Civil Code" Article 1 Kaizong Mingyi uses the core values ​​of socialism as one of the goals of the "Civil Code","Civil Code" Article 3-9 lists a total of 8 basic principles,It is actually the specific implementation of the core values ​​of socialism in the Civil Code: the principle of protection of civil rights and interests、Equality Principles、Volunteer Principles、Fairness Principles、Integrity Principles、Principles of the Laws、Principles of public order and good customs、Green Principles。"Civil Code" as a civil activity criterion for civil subject,can effectively guide people to practice the core values ​​of socialism,Cultivate the social style of civilization。The green principle established by Article 9 of the Civil Code as an example,This principle is the concrete of the core values ​​of socialist core values,also contains the spirit of civil subjects that must not abuse their rights,It has clear Chinese characteristics in the comparative method。Since the 18th National Congress of the Communist Party of China,The Party Central Committee will Bet365 lotto review use the construction of ecological civilization as the main content of the overall layout and coordination of the "five -in -one" overall layout and coordination of the "four comprehensive" strategic layout,Carrying out a series of pioneering work,The concept of ecological civilization is becoming more deeply rooted in people's hearts,Green Development gradually becomes consensus。The "Civil Code" contract stipulates that the parties should follow the green principle when the parties perform the contract,That is, "The parties are in the process of fulfilling the contract,Should avoid waste of resources、pollution environment and damage ecology "、Obligations for the recycling obligations of the old object after the termination of the debt and debt、The obligation to recycling the subject matter in the sales contract and the power conservation obligations in the supply contract,All are the implementation of the concept of green development in the various editors of the Civil Code。Another example,"Civil Code" Marriage and Family Editor -in -law、Family virtue、Promotion of family civilization,It will be a harmonious family、The construction of a harmonious society plays an important role。So,Integrate the core values ​​of socialism into the Civil Code,Improvement of people's spiritual realm、Good cultivation and the development of noble moral quality have an important leading role。

"Civil Code" adopts the "total score" and "seven preparation" category body structure,Adopt the legislative mode of "unity of people and business",To compile with contracts, give full play to the general standard of debt law,Independent compilation of personality rights, etc., all contribute Chinese samples and Chinese wisdom compiled by the world。The key stage of building a well -off society bet365 live casino games in an all -round way,The promulgation and implementation of the "Civil Code",To a certain extent, it represents the modernization of my country's national governance system and governance capabilities to a new level。

 (Author Unit: School of Law of Wuhan University)

Editor in charge: Wang Ning
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