Implementing the Civil Code to promote the modernization of national governance
August 11, 2020 09:15 Source: "China Social Sciences" August 11, 2020 Author: Dou Haiyang

The "People's Republic of China" is known as "Encyclopedia of Social Life",The vital interests of everyone "from breeding to death"。Civil Code is the basic law of society、Ceremony of the Country,It has significant significance for promoting the modernization of national governance,The setting of its system and rules reflects and implements the requirements of the modernization of the country。

  Bet365 app download The introduction of the Civil Code is the key link to promote the modernization of the national governance system。Modernization of national governance,The first is the rule of law,Constructing and improving the complete legal system is the foundation。Since the founding of New China,Especially since the reform and opening up,Civil legislation in my country has achieved great achievements,Single Law basically covers all areas of civil legal relations。but,Due to the laws such as the "Marriage Law", "Adoption Law", "Inheritance Law", "Law of the Civil Law", "Contract Law", "Guarantee Law", "Property Rights Law", "Infringement Responsibility Law", etc.,Some contain a stronger planned economy color,Some more reflect the results of the development of the market economy,Therefore, there are many places in the specific rules setting。The Civil Code is not a simple assembly of these laws,Instead of system integration、Deficiency Make up and contradictory elimination results。Civil Code concentrated on scientifically sorting the existing civil law specifications,Amended specifications that are not adapted to reality,and systematically systematically appear in economic and social life、New problems to make scientific and proper regulations。From this,The Civil Code eliminated the conflict and contradiction between the civil order law and the judicial interpretation,solved the problem of the chaotic legislation of civil legislation in my country for a long time,For justice、Law enforcement has laid the foundation of the system,From the perspective of the basic law, the legal basis of the national governance system。

The implementation of the Civil Code is the basic guarantee to promote the modernization of national governance capabilities。"Governance" and "Management" differences,Under the premise of retaining reasonable obedience requirements,For transaction behavior、Social life injected more abundant autonomous factors,Like administrative power contraction、Industry Organization Cultivation、Self -Rights Protection, etc.。Promote the modernization of national governance capabilities,Not only in strengthening administration、Conservation and supervision of power such as judicial and other powers,It is even more in the standard system of civil law。By confirming and protecting the personal rights and property rights of civil subjects,Division of public life and private life、Basic boundaries of public rights and private rights,Requires public power to respect and protect the legitimate rights and interests of civil subjects,Therefore, the national power operation boundary,Finally laid a solid foundation for the development of each civil subject。Government and market relations、While reducing the government's excessive intervention,Fairness、Reasonable、It can be expected to regulate the legal relationship caused by civil activity between civil subjects.,Make all kinds of production factors can be configured efficiently、Various trading activities can be convenient to carry out、The results of economic activities can be confirmed and protected,It is also the inherent requirements of the market -oriented business environment。

  The Civil Code has fully implemented the requirements of the state governance.The prerequisite for achieving "governance" is to recognize that the existing social subjects have legal qualifications to enjoy rights、Affordable obligations,and guide it to legalize according to self -willingness、Reasonable pursuit of rights。This can mobilize the vitality of various subjects,Promote every public to actively participate in social production,Det to economic activities、Social Construction,thereby stimulating the vitality and vitality of the entire society。The Civil Code is based on the theory of "rational people",According to the actual situation of our society,Set up different types of civil entities,Among them, it includes a natural person、Legal person and illegal organization, etc.。These different types of "rational people" are under the premise of the legal status confirmed by the civil code,Basic spirit of autonomy,Actively pursue self -right。This kind of positive enterprising is especially reflected in the company、Partnership、Freshy enterprises and other modern enterprise systems,By fully implementing the basic spirit of autonomy,Encourage the public to create various enterprises in accordance with the law,and protect its legitimate rights and interests in accordance with the law。This will help stimulate everyone's vitality and creativity,Give full play to the role of the general public in national governance,instead of treating individuals just as the object of being managed。

pragmatic,Civil subjects also have "lost models"。For this,The Civil Code passes through equality、Fair、Integrity、Basic principles such as public order, good customs and other basic principles of the exercise of rights,To prevent misunderstandings such as rights abuse。This makes the civil subject pursue its rights,Introduce yourself consciously,Become a "rational person" with both sense of rights and social responsibility。It is worth noting that,"Reason" is more responsible in the current era。Current,"Severe environmental pollution、The severe situation Bet365 app download of the degradation of the ecosystem "has become a social consensus and seeing various formal documents of the party and the country。How to use resources efficiently and prevent destruction of the ecological environment,It has become a direct adjustment、The important mission of the ownership and utilization of specifications。The Civil Code responds to this significant social reality,Integrated into the political "ecological civilization concept",and given a system to solve the path。The Civil Code established the green principle in the basic principles,Requires civil subjects to engage in civil activities,It should be conducive to saving resources、Protect the ecological environment。Combined with the specific needs of protecting the ecological environment,The object of the property rights of the Civil Code、Power、Properties、Use beneficiary rights、Advanced relationships and acquisition systems have been re -examined,strengthened the obligations of the rights of the rights。While protecting the rights of civil entity property,Also combined with my country's actual situation,Established the necessary maintenance environment for the real estate right holder、Obligation to protect the ecology。

The fundamental starting point of national governance lies in the personal rights of the public、Property rights are fully protected。For this,One must implement the basic concept of "people with constant producers and perseverance",Encourage people to maintain and gain wealth,To promote social stability and economic development; second, we must fulfill the fundamental requirements of "contract freedom",Encourage people to be positive、Entering market transactions steadily,Market -oriented configuration of promoting social resources; third, we must promote the social atmosphere of "harmonious and friendly",Encourage family members and love、mutual help,To achieve family harmony、Social harmony; Fourth, Bet365 app download we must realize the basic guarantee of "damage relief",Requirements and responsibilities are equivalent,to reach risk prevention、The effect of damage to be relieved。Can these concepts and goals achieve,It is also a major test facing the modernization of national governance。

The Civil Code clearly responds to the rights and demands that the public cares about,The structure of its entire chapter is based on rights,Including property editors、contract editor、Personal right editor、Marriage and Family Editor、Inheritance editor and infringement liability editor,This has formed a complete set of relevant rights confirmation、Rights gain、The institutional system of rights exercise and rights relief。Specifically:

Confirmation of property rights、Use and circulation,Property editor stipulates ownership、Use beneficiary rights、The types of rights such as guarantee property rights,Confirm the ownership of property and how to use,Therefore, the property rights of the people,Promoting the whole use。The contract editor takes the freedom of contract,Established a contract to conclude、contract validity、Contract performance、Specifications such as the type of contract,confirmed the basic rules of market transactions,Therefore, the public can pass legal、Effective Circular Circulation Property,Promoting wealth gain。Marriage and family editing and inheritance stipulates the ownership of family property and inheritance of personal property,The type of family property and personal property confirmed,Therefore, the equality of family members and the inheritance of wealth。

In terms of confirmation and protection of personal rights,Personal rights editors comprehensively stipulate various personality rights,Provide a systematic path for the people to understand and maintain their own personality rights in daily life。What needs to be emphasized is,The Civil Code responds to the rights and interests Bet365 lotto review of people in the Internet era,provides a feasible path for new needs。Needless doubt,Human society has entered the Internet era,Rights and interests are endless。For this,The Civil Code clarifies the connotation and extension of the rights and interests of personal information。At the same time,A variety of infringement phenomena,Like various "human flesh search",illegally invading the email of others,Illegal disclosure of others on the Internet、WeChat records, etc.,The Civil Code also responds to the system regulations。These basic regulations of the Civil Code provided a category foundation and development port for the formulation of a single line of social development。

The Civil Code also protects the general protection of personal rights and property rights、Damage relief and risk prevention provides a systematic path。Currently frequent risk accidents in the society,How to play the role of infringement law in terms of personal rights and property protection of the victim,It is a major realistic problem facing the modernization of national governance。The infringement liability editor is set up by setting the damage relief system,Standardized the Essentials and Responsibilities of Damage Composition,Throughout the relief of the victims in different types of infringement。The Civil Code also through multiple responsibilities,Bringing liability and social insurance、Social relief and other methods to connect,A comprehensive compensation mechanism for relief of the victim,enables the victims to choose the most favorable form to safeguard their rights。

Last,What needs to be emphasized is,The Civil Code has a strong "China Issue Consciousness",Focusing on the resolution of my country's local issues,It provides a complete solution system for solving problems facing Chinese society in the process of modernization of national governance。For example,Reform the results of "separation of three powers" bet365 Play online games into the classics,It can lay a solid codes for the further development of rural land reform; the confirmation of "special legal person",solved the rural collective economic organization in my country、Urban and rural cooperative economic organizations、neighborhood committee、Village Committee and other grass -roots organizations with Chinese characteristics in responding to civil activities during civil activities,Provides the solution and standardization of these organizations for the standardized development of these organizations。

  (Author is an associate researcher at the Institute of Law of the Chinese Academy of Social Sciences)

Editor in charge: Zhang Yueying
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