Codification is to systematize and complete a certain type of laws and rules,Thus promoting the unity of laws and regulations。The development of human history shows,Codification is a country、An important sign of national prosperity,For building a country ruled by law、The rule of law government and the rule of law society are of great significance。Based on the analysis of codification concepts,Combining practical experience in the formulation and implementation Bet365 lotto review Civil Code,Can analyze the future of codification in China。
The compilation Bet365 lotto review Civil Code has epochal significance
The starting point Bet365 lotto review compilation Bet365 lotto review Civil Code,It can be traced back to the speech made by Peng Zhen, the founder of my country's political and legal work, at the meeting of cadres Bet365 lotto review Standing Committee Bet365 lotto review National People's Congress on October 29, 1954。He talked about,“Some people say that we are ‘unable to do anything’,In fact, we have enacted many laws in the past five years,It solved some problems。But,Some laws are contradictory to each other,Many problems;We have enacted criminal laws、Tasks of civil law, etc.,But we must move forward step by step。”
May 28, 2020,The Third Session Bet365 lotto review 13th National People’s Congress passed the Civil Code Bet365 lotto review People’s Republic of China,As the first law named after "Code" since the founding of New China,covers 7 volumes、1260 items,Divided into general rules、Property rights、Contract、Personal rights、Marriage and family、Inheritance、Infringement liability,And by-laws。The Civil Code systematically summarizes civil legislation and judicial practice experience,Regulating the personal and property relationships of various civil subjects,Involving different aspects of social and economic life,Adhere to the people-centered value concept,It has fully absorbed the excellent traditional legal culture of China,Learning from the useful experience Bet365 lotto review world’s rule of law civilization。
For example,Article 1092 Bet365 lotto review "Civil Code" reflects the situation when handling disputes over joint property between husband and wife,How to better promote social order and good customs、Maintain social morality and family virtue、Promote socialist core values。This provision,One spouse hides、Transfer、Selling、Damaged、Squandering the joint property of husband and wife,Or forging joint debts between husband and wife in an attempt to misappropriate the other party’s property,When dividing joint property of husband and wife in divorce,You can score less or no points for this party。After divorce,The other party discovers the above behavior,You can file a lawsuit with the People’s Court,Request to divide the joint property of husband and wife again。The author discovered during the exchange with many colleagues in the political and legal circles,The promulgation Bet365 lotto review "Civil Code" enables trials according to law、Administration according to law、Mediation according to law is more practical and cheaper,Effectively safeguarded family harmony and property rights,Reflects the pertinence of legislation、Applicability and operability。
General Secretary Xi Jinping pointed out,The Civil Code provides a good example for the codification of legislation in other fields,To summarize the experience in compiling the Civil Code,Promote the codification of codes in the legislative field where conditions are ripe in a timely manner。The compilation Bet365 lotto review "Civil Code" is through the systematic integration of my country's current civil legal system norms、Completely compiled,Form a party that adapts to the development requirements of socialism with Chinese characteristics in the new era,In line with my country’s national conditions and reality,Systematic Science、Rigorous structure、Standard and reasonable、A complete and harmonized codex。The compilation Bet365 lotto review Civil Code ushered in the codification of our country,Promoted legislative work in other legislative fields,It has great significance Bet365 lotto review times。
Codification is the only way to modernize the rule of Bet365 lotto review
Codification is the only way to modernize the socialist rule of law with Chinese characteristics,Conducive to the unification Bet365 lotto review legal system、Normalization,Enable the rule of law、Administration according to law is more operable。The construction of China’s codification lies in absorbing China’s excellent traditional legal culture,Learn from the achievements of world legal civilization,Fully absorb existing legislative experience,Integrate legal authority into national governance,Establish legal order,Thus promoting the transformation of law from fragmentation to unity,From the arbitrariness of human rule to the normative nature Bet365 lotto review system,Fully protect the realization and development of people’s rights and interests。
Codification is not a simple compilation of original Bet365 lotto review documents,But the systematization of Bet365 lotto review documents、Organization and structuring process。Specifically,General principles play a guiding role,The rules play a supporting role,Supplementary provisions serve as supplementary explanation。Take the Civil Code as an example,General Provisions Establish Civil Subjects、Civil Rights、Civil Bet365 lotto review acts、General rules on civil liability etc.,Divided regulations clarify property rights、Contract、Personal rights、Marriage and family、Inheritance、Specific system of tort liability to adjust various civil relations,Supplementary provisions clarify the meaning of professional terms、The relationship between the Civil Code and individual civil laws and the issue of timeliness。
Codification is an inevitable requirement for the modernization Bet365 lotto review national governance system and governance capabilities,It is the legal guarantee for comprehensively promoting the rule of law。China’s codification is in the context of Chinese modernization,The gradual development process Bet365 lotto review rule of law。Political,Uphold the party’s leadership in comprehensively governing the country according to law,Through the whole process of people's democracy, the party's leadership will be implemented into all aspects Bet365 lotto review formulation and implementation Bet365 lotto review code,Ensure that China’s codification development moves in the correct political direction。Value,“The people are the foundation Bet365 lotto review country,Bengubangning”,The formulation and implementation Bet365 lotto review code reflect the people-centered approach,Taking the people first as the fundamental position,Maintaining and promoting fairness and justice as our values。On the road,Insist on being independent、Codification path suitable for national conditions。General Secretary Xi Jinping pointed out,Since ancient times,Our country has formed a unique Chinese legal system in the history Bet365 lotto review world’s legal system,Accumulated a profound legal culture。With civil law system、Common and American legal system、Islamic legal systems are different,The Chinese legal system was formed under the specific historical conditions of our country,Shows the great creativity Bet365 lotto review Chinese nation and the profound heritage Bet365 lotto review Chinese legal civilization。
Law is part of culture in a broad sense,In the process of transition from traditional society to modern society,The original order collapses,The new order has not yet been formed,Resulting in intensified social conflicts。Blindly transplanting Western legal culture,Often leads to social disorder。Fei Xiaotong thinks,The establishment of legal order cannot simply rely on the formulation of several legal provisions and the establishment of several courts,What’s important depends on how people use these devices,Simply push the law and courts down to the bottom,The result is that the benefits Bet365 lotto review rule of law are not gained,But the ills that undermined the order of etiquette and rule had already occurred。In the process of modernization,Scientific management based on modern legal system embedding,It is bound to conflict with the traditional original governance order。Samuel Huntington studies the political development of third world countries and thinks,Modernization breeds unrest,Modernity breeds stability。In fact,The difference between modernity and modernization is,The former carries out creative transformation and innovative development of tradition,Making the effective connection between tradition and modernity,Avoid falling into the trap of disengaging the rule of law,Thus improving the effectiveness and legitimacy of governance。The development of codification in China comes from practical problems,New knowledge can be produced in practice,Promote people to cooperate with each other,Realize the coordination between individual rationality and public rationality。From practical experience,The development path of codification in China lies in the transformation of politics、The organic integration of value and history。
The world today is undergoing major changes unseen in a century,The realization Bet365 lotto review great rejuvenation Bet365 lotto review Chinese nation is in a critical period。The future of codification in China is rooted in the Chinese legal system,Need to inherit China’s excellent traditional legal culture。The process of codification in China needs to be based on China’s reality。General Secretary Xi Jinping pointed out,Only by inheriting China’s excellent traditional legal culture,From our country’s revolution、Construction、Explore your own legal path in the practice of reform,At the same time, learn from the beneficial achievements of foreign rule of law,Only for the comprehensive construction of a modern socialist country、Achieving the great rejuvenation Bet365 lotto review Chinese nation and solidifying the foundation Bet365 lotto review rule of law。
The purpose of codification is to promote clarity in legislation、The logical unity of completeness and legal provisions,And compatible with China’s historical tradition。The future of China’s codification lies in providing a complete system for the operation of a socialist country under the rule of law、Legal basis Bet365 lotto review system。We have reason to believe,In order to comprehensively build a socialist country under the rule of law,Realize the great rejuvenation Bet365 lotto review Chinese nation,China’s codification will surely enter a new and dynamic stage,It will also contribute Chinese wisdom and Chinese solutions to the development of human legal civilization。
(This article is a phased result Bet365 lotto review National Social Science Fund project "Research on the Generation Logic and Development Path of Urban Grassroots Grid Management" (20BZZ050)
(The author is a professor at the School of Humanities, Southeast University、Director Bet365 lotto review Urban Governance and Policy Analysis Institute of Nanjing Think Tank Alliance)
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