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January 1, 2021，The Code of the People's Republic of China (hereinafter referred to as the "Civil Code") is officially effective，Studies of Civil Law Entering the "Classm of Civil Code"。Compilation of the Civil Code is a major event in the process of rule of law in China，Civil Code Study has become a hot topic in the phenomenon of Chinese legal circles。Before the compilation of the Civil Code，New China has experienced three explorations compiled by the Civil Code，Understand the compilation process and spiritual quality of the Civil Code，I need to return to the Vision of the Communist Party of China for 100 years and the 70 -year -old Vision of the New China。During the social revolution,，The political and legal system of the New China is based on the distinction of identity，Implementation of differentiated logic in the "facts civil law" such as marriage law and land law，The basic assumptions of formal equality in the concept of classic civil law have a certain internal tension，Plus the impact of the economic system，The compilation of the first three "Civil Code" failed to complete。With the maturity of the socialist system with Chinese characteristics，We are more capable of incorporating the tradition of civil law into the political and legal system in the new era。The formulation of "Civil Code" is an important step in the modernization of national governance，Chinese story that is conducive to narrative Chinese stories into a standardized Chinese experience，Socialist nature is the unique spiritual quality of China's "Civil Code"，It is also a real contribution to the "Civil Code" in China。

　　Understand from the perspective of the party's century

The compilation process of "Civil Code"

China in the 20th century faces a complex domestic and international environment，This requires the Communist Party of China to be guided by Marxism，With the help of mass mobilization to complete the construction of modern state，This also forms a socialist traditional and law tradition。New China rule of law is deeply influenced by the Soviet Union，Revolution is not bet365 best casino games only the national theme of the previous 30 years，It is also an important background of law。Under the framework of the revolutionary discourse，There is no normal for the enemy and me，Need to constantly adjust the Reorganization of Revolutionary Political Alliance，Combined with some people to combat another part of the person is the primary problem of the Chinese revolution。In the theory and practice of land law and marriage law at the beginning of the founding of New China，Breaking the basic assumptions of the theory of private law in form，The principle of differences in the implementation of socialist rule of law has been well reflected -understanding of people is a division，and give different rights according to class identity，To better mobilize most people's support。The civil subject in civil law theory includes "natural person、Legal person and illegal organization "，The understanding of "people" is homogeneous，This is the basic assumption of the theory of private law; but，Placed in the political and French context of socialism，People are exactly divided into different classes。

This is very different from the basic principles of civil law theory。The socialist system established by New China is unlikely to confirm the equal principle of formalism，The political principles established by socialism are based on the division of the enemy and me，Only people who belong to the "own person" can get a series of rights，Therefore, the individualism and formalism contained in the basic theory of civil law is difficult to directly grafted above the classic socialist theory。This determines that it is difficult for New China to adopt and implement the individual、"Civil Code" with equal forms，also caused the loss of the previous "Civil Code" compilation。The above -mentioned different traditional tension in the construction of the rule of law after the reform and opening up has never disappeared，Socialist political and legal tradition、Liberal Law Traditional、Chinese traditional ritual law tradition interweaves in civil law theory，Therefore, there was a controversy arising from the draft of the Property Law in 2006。The compilation of the "Civil Code" is successful，To a large extent, it is because of the development bet365 live casino games of the rule of law system with Chinese characteristics，Makes the country more confidently integrate these different resources into the "Civil Code"。

The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China clarified the goal of compiling the Civil Code，Direction for the civil legislative work of our country。The rule of law established by the meeting is no longer a Western -style judicial philosophy and practice centered on the court，Instead, it expands the definition of the rule of law，Forms a new pattern of rule of law system centered on national governance and a comprehensive governance in accordance with the law: "Under the leadership of the Communist Party of China，Adhere to the socialist system with Chinese characteristics，Implement the theory of socialist rule Bet365 app download of law with Chinese characteristics，Forms a complete legal specification system、Efficient rule of law implementation system、Strict rule of law supervision system、The powerful rule of law guarantee system，Forms a complete party regulations，Persist in governing the country according to law、Governance according to law、Administrative advancement in accordance with the law，Persist in the country of rule of law、Government of rule of law、Construction of the integration of society in the rule of law，Realize scientific legislation、Strict law enforcement、Justice justice、All the people abide by the people，Modernization of the national governance system and governance capabilities。"From the general goal of governing the country according to law, we can find，The socialist legal system with Chinese characteristics is not exactly national law，The basic elements that adapt to the country of socialist rule of law need to be included in our vision，Legislation、Law Enforcement、Justice、The three -dimensional framework of law -abiding will be the country、Government、Society、Citizens are included in the rule of law system，In the end, the modernization of the national governance system and governance capabilities。

Modernization of the national governance system and governance capacity means the update of past governance capabilities。In the traditional governance of the Communist Party of China，Law is just one of them，Road、route、policy、Policies can become the basis for governance。The purpose of advancing the theory of socialist rule Bet365 app download of law with Chinese characteristics is to promote the modernization of the national governance system and governance capabilities，Its content also covers politics under the party's leadership、Economy、Culture、Social and ecological institutional issues such as all aspects。If we want to deal with the basic problems in these fields in the way，So it will inevitably mean the expansion of legal concepts，At the same time, our understanding of the rule of law will change。In this expanding discourse of rule of law，Civil Law Theory naturally brings individualism、The spirit of private rights supremacy has the possibility of being integrated into the socialist modern governance system。As the Third Plenary Session of the Eighteenth Central Committee of the Party proposed that "the market plays a decisive role in the allocation of resources" is to adhere to the four basic principles，Follow the laws of economic development，Fixed the valuable economic development experience since the reform and opening up;，New era also needs to reshape property、Labor、Narration of Rights，This kind of discourse needs to be achieved with the help of socialist "Civil Code"。In this sense，China can develop the "Civil Code" today，Don’t mean that neglect of socialism or a simple imitation of the rule of law of Western individualism，but with the road of socialism、The establishment of the theory and system self -confidence，Can better incorporate the logic of civil law into the theory of Chinese socialist rule of law。

　Understand in socialist theory

The spiritual character of "Civil Code"

General Secretary Xi Jinping positions the Civil Code as "a reflection of my country's socialist nature、In line with the interests and wishes of the people、Civil code that meets the requirements of the development of the times "，But in the discussion of the mainstream civil law community, only the first two features。In the type and evolution of the Civil Code of the Civil Law Code，Exist that from the 19th century France、The evolution of the German Code to the Chinese Civil Code of the 21st Century (the contribution of the "German Civil Code" is more about the innovation of the system，Non -new private law spirit that transcends individualism，It is just the carrier of the 19th century spirit in the 20th century)，Then from Bet365 app download human rights protection、The perspective of the development of new technology to interpret these features。Actually，Rights are the basic theme of the 19th century Civil Code，China's "Civil Code" is not the first to be the first to pay attention to personality rights，As early as the compilation of the Swiss Civil Code led by Langbeel，Cancelled the general assembly and used human law as the first editor; and it is difficult to say that all the possibilities of this century were released in the first 20 years of the 21st century，May。More critical is，From the 19th Century Code to the evolution of the 21st Century Code，Lack of important "20th Century"。Ignoring the "20th Century China"，Not only ignores the revolutionary tradition of Mao Zedong era，It also understands the traditional reform of the Deng Xiaoping era，Lack of theoretical consciousness in the new era。

If China "Civil Code" has the meaning of the times and the influence of the world，It is precisely because China's "Civil Code" surpasses the 19th century principle of liberalism and personal standards，Incorporate China's political practice in the 20th century into it，Typical of becoming a socialist Code。General Secretary Xi Jinping uses "socialism" as the primary feature of China's "Civil Code"，What is the nature of socialism? This requires returning to the Chinese Communist Party to lead the Chinese people to complete national construction、In the 20th Century Struggle of Social Transformation。In the narrative of modern Chinese history，The understanding of the 20th century cannot be from the perspective of the perspective、Emperor's Chronicles or Confucius Development，Can't ignore the perspective of the revolution。The Communist Party of China uses gender revolution、Family Revolution and Land Revolution，Liberated the oppressed underlying masses，Gradually created the socio -economic foundation of the new regime。New China has undertaken the Chinese people for independence since 1840、The pursuit of national liberation and democratic freedom。

Live happiness for the Chinese people、The original intention and mission of the Chinese nation's rejuvenation，Since the 18th National Congress of the Communist Party of China，The Party Central bet365 Play online games Committee with Comrade Xi Jinping as its core has creatively merged the relationship between the 30 years before the reform and opening up and the next thirty years.，Connect the tradition of socialist rule of law with liberal rule of law，Answer the value tension encountered in the first few compilation of the "Civil Code" mentioned above，It provides an important starting point for the contribution of understanding the era of China "Civil Code"，It also contributed to the Chinese plan for world governance，Constantly enriching and developing the spirit of the times of the Republic。The "Civil Code" in the new era not only means the establishment of the order of liberal private law，It also represents the integration and reshaping of multiple values ​​concepts。For example，Taking the problem of personality rights as an example，Classic civil law theory to protect personality rights is more of a form of equal protection，Civil Law as the most important weapon for private rights，There is a danger of slippery to protect vested interests; and from the perspective of socialism，Protecting the weak has natural legitimacy，The attention to the bottom layer is not only one of the basic spirit of Chinese legislation，It is also one of the core care of socialism with Chinese characteristics。

Therefore，China "Civil Code" needs to respect personal creation，But it cannot be a iron cage for solidification law and the interest pattern behind it，This requires the application and interpretation of the future "Civil Code"，Application of Following the Spirit of Socialism。The report of the 19th National Congress of the Communist Party of China pointed out，The main contradictions in Chinese society have been converted into "the contradiction between the people's growing good life needs and unbalanced and inadequate development"，This also requires "Civil Code" to pay more attention to social equality，Follow the full protection of the weak society who is difficult to enter the law.，This is the meaning of socialist civil legislation and practice。Under the 100 -year vision of the founding party of the Communist Party of China，Pay attention to the socialist issue of "Civil Code" emphasizes the socialist nature of the Civil Code，bet365 Play online games Not for a kind of pleasure，Instead of direct practical significance。In the current national governance，Emphasize the socialist nature of the Civil Code，Socialist labor values ​​that help promote labor to create wealth，Avoid large enterprises from using the private law first、The property right is sacred and grows into "Capital Monster"。When the capital giants on the other side of the Pacific can be easily blocked at the president，China is launching a campaign from central to local inhibitory capital，Two relative comparison can also explain the socialist soil rooted in the "Civil Code" in China。

(Author Unit: School of Law of the Central University for Nationalities)