Marked by the promulgation and implementation of bet365 premier league odds,China has found a way to first face China’s practical problems and formulate separate laws,On the basis of absorbing the excellent private law systems of the two major legal systems and meeting China’s local needs,A new path to the modernization of Chinese-style civil rule of law by compiling and unifying bet365 premier league odds,And timely response to the new phenomenon of the digital age、New question。
Unique bet365 premier league odds model, innovative compilation style
China did not formulate a bet365 premier league odds from the beginning,But based on the actual needs of social and economic development,Develop specific separate laws first,That is, the original Marriage Law, Succession Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law, General Principles of Civil Law and corresponding judicial interpretations。When the conditions for formulating a bet365 premier league odds are mature,The unified bet365 premier league odds was compiled。Practice shows,This is a civil law modernization model that is in line with China’s social development and legislative laws。
一,The "Civil Code" ended the scattered and fragmented situation of nine separate laws and a large number of judicial interpretations。By adding new system、Remove duplicate provisions、Eliminate legislative activities such as contradictions and conflicts,The system is complete、Uniform Code with smooth logic and relatively full content。For guiding people’s behavior、The referee shall apply the law,bet365 premier league odds is more concise and effective。
二,bet365 premier league odds has some innovations in style and structure。The seven-organization system is a logical and rigorous total score structure。General principles adopt the extraction of common factors,Confirm legislative purpose、Basic principles and commonly applicable rules,Provides a value basis for formulating and interpreting classification rules。Each sub-section is the specific expansion and special provisions of the general rules of the general section。The "Civil Code" lists the "Personal Rights Section" and the "Tort Liability Section" as the fourth and seventh chapters respectively,Created a novel compilation style of the world’s civil codes。Independent composition of personality rights,It has positive value even in a declarative sense。Although tort liability is essentially a statutory debt,But more of them are negative claims granted to relieve the victims,The basis behind this is mostly potential state coercion,Rather than the subjective will of the parties。Independent editor for tort liability,Not just pursuing innovation in style,But follow the legal logic of what should be。
Third,bet365 premier league odds adheres to the concept of unification of civil and commercial affairs,Providing private law protection for optimizing the business environment。bet365 premier league odds is the basic law for all civil and commercial activities,Guide numerous separate civil and commercial laws。The "General Provisions" clarifies the subject status of unincorporated organizations,Expand the scope of market entities;"Property Rights Edition" improves the guarantee system,If new unified compensation rules for realizing security rights are added、Establishing super priority for mortgage of goods price、Allow pledge of future accounts receivable、Relaxing the autonomy space for collateral price changes, etc.,The main purpose is to provide legal protection for optimizing the business environment。
Facing bet365 premier league odds practice and reflecting humanistic care
The specific systems of bet365 premier league odds reflect a strong awareness of Chinese issues and a practical orientation。One,bet365 premier league odds focuses on promoting the concept of green development to cope with the increasingly severe ecological and environmental crisis。In order to improve people’s living environment in recent years,bet365 premier league odds implements the concept of green development,And formulate corresponding green systems。Article 9 of the "General Provisions" entitles "saving resources、Protecting the ecological environment” is a basic principle,And implement this principle into the "Property Rights Section" (Article 286、Article 346, etc.)、“Contract Code” (Article 558、Article 619、Article 625, etc.) in the specific system,The "Tort Liability Edition" also stipulates "Liability for Environmental Pollution and Ecological Damage" in a special chapter (Articles 1229-1235)。
二,To revitalize the value of farmland,Protect farmers’ interests,The "Civil Code" adds a new "land management right" system,Constructing the “separation of three powers” rights structure for contracted land。bet365 premier league odds also improves the system for protecting the rights of building owners: for example, it is clear that the income generated from the shared parts belongs to the owners (Article 282),Establish the principle of mutual benefits and sharing;Add the obligation of property service companies or other managers to “timely respond to owners’ inquiries about property services” (Article 285);Increase restrictions on other owners’ behavior of converting residences into commercial buildings (Article 279)。New residence rights system in "Property Rights Edition" (Articles 366-371),Enable “home ownership” for people with specific needs,Helping the diversification of forms of home ownership。
Third,All the rules in bet365 premier league odds shine with the light of humanity,Demonstrates concern and protection for the rights and interests of civil subjects。For example,Considering the fetus as having the capacity for civil rights,Comprehensive protection for receiving gifts、Inheritance of inheritance and other rights and interests (Article 16);Establish an adult guardianship system,Especially safeguard the basic rights and interests of the elderly (Article 33);Prohibition on loan sharking,Prevent people from being deceived (Article 680);Explicitly enumerate credit as the connotation of reputation (Article 1024),Definition of physical health as physical and mental health (Article 1004),Comprehensive protection of privacy and personal information (Articles 1032-1039),Prohibition of sexual harassment (Article 1010), etc.,Expand the scope of protection of civil subject rights and interests;Add the principle of what is best for the adoptee (Article 1044);Improving the rules for controlling high-altitude parabolic objects,Maintaining the "security above the heads" of the people (Article 1254);Add the clause "rescuing others and causing harm to others is exempt from liability" (Article 184) to relieve those who act bravely from worries.,Promote social integrity。
Open reference bet365 premier league odds two major legal systems,Root down and transcend
The "Civil Code" is not limited to learning a certain Civil Code,It is an excellent system that absorbs the two major legal systems,What is more important is to create a new system that fits Chinese practice。Most concepts in bet365 premier league odds、The main systems follow the civil law tradition,But there are also many systems that can see the shadow of the common law system。
一,To alleviate financing difficulties,The "bet365 premier league odds" adds a super priority system for the mortgage of the price of goods (Article 416)。This system originates from the so-called "purchase price security right" in Articles 9-103 of the United States Uniform Commercial Code,Can challenge previously established security rights in the same thing,Known as "price super priority",It is beneficial to protect the rights and interests of the purchase price guarantor,It is also conducive to expanding the financing channels of floating chargers。
二,The "bet365 premier league odds" tort liability absorbs the advantages of the punitive damages system of the common law system。The purpose of compensation in my country’s civil law has always been to compensate for the damage,Or restore the victim to the state before the infringement (tort compensation),Or the non-breaching party may obtain the same result as if the contract was fulfilled (liquidated damages)。Establishment of punitive damages,It is a low-cost solution to the long-standing intellectual property infringement and environmental infringement in judicial practice、Response to issues such as lagging law enforcement。
Third,The "Civil Code" provides for the anticipatory breach of contract system in the common law system and the unrest defense right in the civil law system in parallel。Article 563, paragraph 1, item 2 of bet365 premier league odds provides for the discharge of anticipatory breach of contract,Article 578 provides for liability for anticipated breach of contract,Articles 527 and 528 also stipulate the right of defense system for unrest,And connected with the anticipatory default system,Reflecting the integration of the two major legal systems and civil law systems。
Respond to emerging issues and pay attention to bet365 premier league odds ethics
The digital society has given rise to many emerging legal issues。The most important resource in the digital society is data (including personal information),Is the soil for the development of digital society、Oil、Oxygen and sunlight,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 reflected in bet365 premier league odds for the first time,That is, Article 111 of the "General Provisions" and Chapter 6 "Privacy Rights and Personal Information Protection" of the "Personal Rights",Laid the foundation for the "Personal Information Protection Act" and other related legislation。The "Civil Code" is also the first in the world to explicitly protect "data、Code of “Internet Virtual Property” (Article 127)。
The "newness" of bet365 premier league odds is not only reflected in time,It is more reflected in the specific system design,Responding to the latest needs of the development of digital society,Has great practical significance。The “newness” of bet365 premier league odds is not only reflected in the “newness” of the system,And it is also reflected in the "new" concept,For example, the ethical care shown in the Code。In the social context of rapid development of biotechnology,Aiming at "human genes、Human embryos and other related medical and scientific research activities”,The "Civil Code" clearly states the requirement that "ethics and morals shall not be violated" (Article 1009)。This is the minimum requirement for a human being: do anything (including medicine、Scientific research activities such as artificial intelligence) first do not do evil,Only then can we do good deeds。
An ideal bet365 premier league odds in line with the modernization of China’s rule of law
The "bet365 premier league odds" not only has institutional innovations,And pay more attention to using the new system to solve China’s practical problems。But the other way around,If the actual problem cannot be solved using the new system or the solution is not ideal,Such institutional innovation needs to be re-examined。For example, the actual effectiveness of rural land management rights needs to be tested in social practice,The core criterion is whether it can bring tangible benefits to the people;The "Contract Editor's" efforts to solve the phenomenon of "contract deadlock" (Article 580) also need further verification in judicial practice。
The "Civil Code" should not only represent the modern civil law system,It should also represent the modern concept of rule of law。The humanistic sentiments reflected in bet365 premier league odds、Ethical Care、The green concept is enough to indicate that it is a code that conforms to the concept of modern rule of law。But nothing is perfect,bet365 premier league odds also has room for improvement or improvement in concept。If bet365 premier league odds is still state-owned、Differential treatment of collective and private property protection,Compare to Article 258、Under Article 265 and Article 267,Only privately owned property has a "legal" condition added。Considering the principle of “equal protection of rights” clearly stipulated in Article 207,The question arises,Why does bet365 premier league odds only impose “legal” conditions on the protection of private property,Whether it violates equal protection of property rights?“Rights” in the sense of property does not matter whether it is public property or private property,Both should be at least equally important。
No matter how hard legislators try,It is impossible to formulate a perfect code。But if bet365 premier league odds can truly care about people’s vital interests,Effectively protect people’s freedom and dignity,Then we can truly “go to the masses” as General Secretary Xi Jinping said、Go into the hearts of the masses”。This kind of "Civil Code" is the ideal code,It is also a code that is truly in line with the modernization of civil rule of law。
(This bet365 premier league odds is a phased result of the National Social Science Fund’s major project “Research on Personal Data Protection and Data Rights System in the Big Data Era” (18ZDA145)
(The author is the Dean of Kaiyuan bet365 premier league odds School of Shanghai Jiao Tong University、Professor)
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