The promulgation and implementation of the Civil Code as a sign，China has come out of a one -way method for facing China ’s practice issues，On the basis of absorbing the two major law systems and compliance with Chinese demand，Compiled a unified Chinese -style civil rule of law modernization of the "Civil Code"，and respond to the new phenomenon of the digital age in a timely manner、New Questions。

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China has not developed the Civil Code from the beginning，Instead, it is based on the actual needs of social and economic development，First formulate a specific one -line method，That is, the original "Marriage Law", "Inheritance Law", "General Law of the Civil Law", "Adoption Law", "Guarantee Law", "Contract Law", "Property Law", "Infringement Liability Law", "General Principles of Civil Law" and corresponding judicial interpretation。After the condition of the Civil Code is matured，Only compiled the unified "Civil Code"。Practice indicates，This is the modern model of civil law that fits Chinese social development and legislative laws。

One，The Civil Code ended the scattered and fragmented situation of the nine unique methods and a large number of judicial interpretations。By adding a new system、Delete repeated regulations、Remove legislative activities such as contradictions and conflicts，Formed a system complete、Unified Code with a smooth logic and relatively full content。For guiding people's behavior、Applicable laws for referees，"Civil Code" is more concise and effective。

Its two，"Civil Code" is innovative in the body structure。Seven preparation system is a logical rigorous total score structure。The chore editor adopts the extraordinary cause format，Confirm the legislative purpose、Basic principles and commonly applicable bet365 live casino games rules，It provides a value basis for formulating and interpreting the rules of the assignment。Each editor is the specific development and special regulations of general rules of general rules。The Civil Code of the Civil Alerts "Personal Rights" and "Infringement Responsibility Compilation" as the fourth and seventh edges，Create a novel compilation of the World Civil Code。Personal rights independent compilation，Even in the declaration sense, there is positive value。The infringement liability is essentially a legal debt，But more of the negative claims given to the victims for relief，Behind the basis for the potential state forces，instead of the subjective will of the parties。Infringement liability independent compilation，It is not simply pursuing innovation on the style，Instead, follow the legal logic of the law。

Its three，"Civil Code" adheres to the concept of the unity of the people and business，Provide private law for optimizing the business environment。"Civil Code" is the basic law of all civil and commercial activities，Leading many civil and commercial one -line laws。"General Protection" Determine the main position of the illegal organization，Expand the scope of the market;，If you add the unified compensation rules for the realization of the guarantee property、Establishing super preference for cargo price mortgage、Allows the pledge of future accounts receivable、Autonomous space that relaxes the price of the guarantee of the guarantee，Its main purpose is to provide the rule of law for optimizing the business environment。

　Face Chinese practice directly, reflect humanistic care

The specific system of "Civil Code" reflects strong Chinese problems and practical orientation in China。One，"Civil Code" focuses on promoting the concept of green development to cope with the increasingly severe ecological environment crisis。In order to improve the people's living environment in recent years，"Civil Code" implements the concept of green development，and Bet365 lotto review formulate the corresponding green system。"General Principles" Article 9 gives "saving resources、Protecting the ecological environment "is based on basic principles，and implement this principle into "property editor" (Article 286、Article 346, etc.)、"Contract Editor" (Article 558、Article 619、Article 625, etc.) In specific systems)，"Infringement Liability Compilation" also specifies the "responsibility for environmental pollution and ecological destruction" with special chapters (Article 1229-1235)。

Its two，For the Value of the Land for Vermits，Protection of farmers' interests，"Civil Code" new "land management right" system，Constructing the "three powers" right structure。"Civil Code" also improves the system for the protection of the rights of building owners: If it is clear that the income generated by a part is the owner of the owner (Article 282)，Establish the principle of sharing of common benefits; increase the obligation of "promptly responding to the owner's inquiry about the property service situation in time" (Article 285); Increase limit (Article 279)。"Property Editor" new residence right system (Article 366-371)，Make people who have specific needs "residents have their own house"，Help the diversification of the ownership of the house。

Its three，All rules of the Civil Code are flashing the light of human nature，shows the attention and protection of the rights and interests of civil subjects。such as，Treat the fetus as a civil rights ability，Comprehensively protect its receiving gift、Inherit the rights and interests of inheritance (Article 16); Establish an adult care system，Especially safeguard the basic rights and interests of the elderly (Article 33);，Prevent the people from being deceived (Article 680); clearly lists credit as an reputation connotation (Article 1024)，Defined physical health as physical and mental health (Article 1004)，Zhouquan Protection Privacy and Personal Information (Article 1032-1039，Forbidden sexual harassment (Article bet365 live casino games 1010), etc.，The scope of protection of the rights and interests of civil subjects; increase is most conducive to the principle of being adopted (Article 1044);，Maintenance of the "safety on the top of the head" (Article 1254); adding the "rescue of others to be exempted" clause (Article 184)，Promoting social righteousness。

　　Open -style reference two major laws,Fundamental soil and surpass

"Civil Code" is not limited to learning a national codes，Instead, it is an excellent system for absorbing the two major French systems，What's more important is to create a new system that matches Chinese practice on this basis。Most concepts in the Civil Code、The main system follows the tradition of the mainland law system，But there are also many systems to see the shadow of British and American law。

One，To relieve the difficulty of financing，The Super Priority System of the New Cargo Prices (Article 416)。This system originated from Article 9-103 of the United States' "Unified Commercial Code" and other "Purchase Protection Protection rights"，The right of guarantee that can be established in the same thing，It is known as the "Gold Super Priority"，Not only conducive to protecting the rights and interests of the purchase price guarantee person，It is also conducive to expanding the financing channel of the floating mortgagor。

Its two，"Civil Code" infringement liability to absorb the advantages of the British and American legal system of punitive compensation system。Damage compensation in Chinese civil law has always been aimed at filling damage，or restore the victim to the state before being infringed (infringement compensation)，or make the contractor get a general result like the contract (default compensation)。Establishment of punitive compensation，It is a low cost of illegal violations of intellectual property infringement and environmental infringement in judicial practice.、A response to issues such as lagging enforcement。

Its three，The Civil Code of the People's Republic of China is stipulated in parallel to the British and American law system with the restless defense of the mainland law system。Bet365 app download Article 563, paragraph 1, paragraph 2, paragraph 2 of the Civil Code stipulated，Article 578 stipulates the responsibility for breach of contract，Article 527 and 528 stipulate the system of uneasy defense，Connect with the expected breach of contract，Reflecting the integration of the two Dafa civil law systems。

　　A response to emerging issues, follow social ethics

Digital society has spawned many emerging legal issues。The most important resource in digital society is data (including personal information)，It is the soil of the development of digital society、Petroleum、Oxygen and Sunshine，It is also the prerequisite for the existence and development of artificial intelligence，Because the essence of artificial intelligence is data。As the latest civil code in the world，Personal information protection is first reflected in the Civil Code，that is, Article 111 of the "General Principles" and "Personal Rights" Chapter 6 "Privacy and Personal Information Protection"，laid the foundation for the "Personal Information Protection Law" and other relevant legislation。"Civil Code" is also the world's first clear protection of "data、Network Virtual Property "codes (Article 127)。

"New" of "Civil Code" is not only reflected in time，It is also reflected in the design of the specific system，The latest needs of the development of digital society，It has significant practical significance。The "New" of "Civil Code" is not only reflected in the "new" of the system，and also reflected in the "new" of the concept，For example, ethical care shown by the codes。Under the social background of the rapid development of biotechnology，For "human gene、Medical and scientific research activities related to human embryos, etc.，"Civil Code" clearly put forward the requirements of "must not violate ethical morality" (Article 1009)。This is the lowest requirement for people to be human: do anything (including medicine、Artificial Intelligence and other scientific research activities) First of all, bet365 best casino games do not do evil，It is possible to do good。

　　The ideal code that fits China's modernization of the rule of law

"Civil Code" not only has institutional innovation，And more attention to the use of new systems to solve the actual problems of China。But the other way，If the actual problem is used to use the new system, it cannot be solved or resolved enough，Innovative innovation needs to be re -examined。For example, the actual efficacy of the right to operate rural land requires social practice test，The core standard is whether it can bring the body to the people; "contract editing" trying to solve the phenomenon of "contract stalemate" (Article 580) also requires further verification of judicial practice。

"Civil Code" not only represents the modern civil law system，More represents the concept of modern rule of law。The humanistic feelings reflected by the Civil Code、Ethical care、Green concept is enough to characterize it as a codes that fit the concept of modern rule of law。But everything is not perfect，"Civil Code" also improves or improves space in terms of concept。For example, the Civil Code is still for state -owned、Treatment of the property protection of collective and private，Comparison Article 258、Article 265 and Article 267 can be known，Only "legal" conditions were added before all private property。Considering the principle of "equal protection of rights" clearly specified in Article 207，The question generated is，Why does the "Civil Code" only give "legal" conditions for the protection of private property，Is the equal protection of property rights? "Rights" in the sense of property does not matter public property and private property，Both should be at least important。

No matter how the legislators work hard，It is also impossible to formulate a perfect category。But if "Civil Code" can truly care about people’s vital interests，Effectively protect people’s freedom and dignity，Then you can really say what General Secretary Xi Jinping said, "Go to the masses、Enter the hearts of the masses "。This "Civil Code" is the ideal category，It is also a Bet365 lotto review category that really fits the modernization of civil law。

(This article is the National Social Science Foundation's major project "Research on the Research on Personal Data Protection and Data Rights System in Big Data Age" (18zda145)

(The author is the dean of the Kaiyuan Law School of Shanghai Jiaotong University、Professor)