Codification (Codification) is to systematize and complete a certain type of law and rules,to promote the unity of legal system and regulations。Development of human history,Code compilation is a country、An important symbol of nationality to prosperous,For the construction of the rule of law、The Government of the rule of law has important significance and the society of rule of law。Based on the analysis of the concept of codes,Practical experience of the formulation and implementation of the Civil Code,Can analyze the future of Chinese codes。
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The starting point of the compilation of the Civil Code,Peng Zhen, the founder of my country's political and legal work, spoke at a meeting at the cadre meeting of the Standing Committee of the Standing Committee of the National People's Congress on October 29, 1954。He talked about,"Some people say that we are‘ there is no heaven ’,In fact, we have formulated a lot of laws in five years,It has solved some problems。but,There are contradictions between some laws,There are many problems; we have the formulation of criminal law、tasks of civil law,but must be moved step by step。”
May 28, 2020,Thirteen Session of the Thirteenth National People's Congress adopted the "People's Republic of China",As the first law named after the "Code" since the founding of New China,Cover 7、1260 article,Divided into the general rule、property right、Contract、Personal rights、Marriage and Family、Inheritance、Infringement liability,and attachment。Bet365 app download The Civil Code system summarizes the experience of civil legislation and judicial practice,Standardize the personal relationship and property relationship of various civil subjects,Different levels involved in social and economic life,Adhering to the people -centered value concept,Both fully drawn the excellent traditional legal culture of China,I also borrowed the useful experience of the world's rule of law civilization。
For example,Article 1092 of the Civil Code reflects when dealing with the dispute between the husband and wife's common property,How to better promote social order and good customs、Maintenance of public morality and family virtues、Promote the core values of socialism。This article specifies,Hidden of the husband and wife party、Transfer、Selling、Destruction、Sumid husband and wife common property,or forge the joint debt of the couple's joint debt in an attempt to occupy the other party's property,When divorced and divided the common property of husband and wife,It can be less or regardless of the prescription。After divorce,The other party found the above behavior,You can file a lawsuit with the people's court,Request to divide the common property of husband and wife again。I found in the communication with many political and legal circles in the communication with many political and legal circles,The promulgation of the "Civil Code" enables trials in accordance with the law、Administrative according to law、Mediation according to law is more practical and cheap,Effectively maintaining family harmony and property rights,Reflected the pertinence of legislation、Applicability and operability。
General Secretary Xi Jinping pointed out,The Civil Code,To summarize bet365 Play online games the experience of compiling "Civil Code",Timely promoting the Code compilation of the legislative field with mature conditions。Compilation of the Civil Code is systematically integrated by regulating the current civil legal system in my country、Edit and order,Forms a requirements for the development of socialist development with Chinese characteristics in the new era,It is in line with our national conditions and actual conditions,System science、Rigid structure、Reasonable specifications、Code with complete and coordinated content。"Civil Code" compilation opened the precedent of my country's codes,It plays a promotion role in the legislative work in other legislative fields,It has significant era meaning。
Code is the only way for the modernization of the rule of law
Code is the only way for the modernization of socialism with Chinese characteristics,It is conducive to the unity of the legal system、Standardized,Make the country according to law、Administrative according to law is more operable。The construction of Chinese coda -in is to draw on the excellent traditional legal culture of China,Learn from the results of the world rule of law civilization,Fully absorb the existing legislative experience,Integrate legal authority into national governance,Establishing the order of the rule of law,So as to promote the law from fragmented to unity,The norm of the random steering system of human rule,Fully protect the realization and development of the people's rights and interests。
Code is not a simple assembly of the original legal documents,The systematic of legal documents、Standardization and structured process。Specifically,Starting the role of general rules,Division played a supporting role,Attachment starts from the supplementary bet365 best casino games explanation function。Take the Civil Code as an example,The general rule establishes civil subjects、Civil rights、Civil legal behavior、General rules such as civil liability,Divisions clarify property rights、Contract、Personal rights、Marriage and Family、Inheritance、Specific system for infringement liability to adjust various civil relations,Attachment clarifies the meaning of professional terms、The relationship between the laws and time -effectiveness of the "Civil Code" and the civil single line。
Code is an inevitable requirement for modernization of the national governance system and governance capabilities,It is the rule of law that comprehensively promotes the rule of law according to law。China Code is in the context of Chinese -style modernization,The development process of the rule of law step by step。Politically,Adhere to the party's leadership of the party's comprehensive rule of law,Through the entire process of people's democracy, the party's leadership is implemented to all aspects of the formulation and implementation of the codes,Ensure that the development of Chinese codes is advancing along the correct political direction。Value,"Min Weibangben,Ben Gubangning ",The formulation and implementation of the codes reflect the people -centered,Taking the people's supremacy as the fundamental position,Based on maintaining and promoting fairness and justice。On the road,Persist in taking the autonomous type、Code for national conditions。General Secretary Xi Jinping pointed out,Since ancient times,my country has formed a unique Chinese law department in the history of the world's legal system,accumulated deep legal culture。and the Fa Department of the bet365 Play online games Mainland、British and American Law Department、Islamic laws, etc.,The Chinese Law Department is formed under the conditions of my country's specific historical conditions,Show the great creativity of the Chinese nation and the deep background of the Chinese legal civilization。
Law is part of culture in a broad sense,In the process of turning to modern society to modern society,Original order collapse,The new order has not yet formed,Leading social conflicts intensified。Blind transplanting Western rule of law culture,often leads to social disorder。Fei Xiaotong thinks,Establishment of the rule of law order cannot be established alone to formulate several legal provisions and set up several courts,The important thing depends on how the people apply for these devices,Sinking the law and the court to sink,The result is the benefits of the order of the rule of law,The disadvantages of destroying the order of ritual governance have happened first。During the modernization process,Scientific management based on modern legal system,Conflict on a conflict with the traditional native governance order。Samuel Huntington studied the political development of the third world country,Modernization breeding vitality,Modernity Breeding Stability。In fact,The difference between modernity and modernization is,The former creative transformation and innovative development of tradition,Make tradition and modern effectively connect,Avoid falling into the rule of the rule of law,to improve the effectiveness and legality of governance。The development of the categorization of China comes from real problems,New knowledge can be produced in practice,Bet365 lotto review Promoting people's cooperation,Realize the coordination of individual rationality and public rationality。From the perspective of practical experience,The development path of the categorization of China is to politics、Organic integration of value and history。
The world is undergoing a big change in the world today,The great rejuvenation of the Chinese nation is in a critical period。The future of China Code is rooted in the Chinese Law Department,Need to inherit the excellent traditional legal culture of China。In the process of Chinese coda, it needs to be based on the reality of China。General Secretary Xi Jinping pointed out,Only inherit the excellent traditional legal culture of China,From my country Revolution、Construction、Explore the road of rule of law in the practice of reform,At the same time, learn from the beneficial results of foreign rule of law,Only to comprehensively build a socialist modernization country、Realize the great rejuvenation of the Chinese nation to consolidate the foundation of the rule of law。
The purpose of the codes is to promote the clarity of legislation、The logic of completeness and the law of law,and adapt to the historical tradition of China。The future of China Code is to provide completeness for the operation of socialist rule of law、The legal basis of the system。We have reason to believe,To comprehensively build a country of socialist rule of law,Realize the great rejuvenation of the Chinese nation,China Code will definitely enter a new stage full of vitality,It will also contribute Chinese wisdom and Chinese plan for the development of human rule of law civilization。
(This article is the research logic and development path of the development of urban grassroots grid management "(20BZZ050) phased achievement)
(The author is a professor at the School of Humanities of Southeast University、Director of the Institute of Urban Governance and Policy Analysis of Nanjing Think Tank Alliance)
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