2023 Legal Theory Research Inventory Civil Law

2023 Legal Theory Research Inventory

Civil Law

Under the guidance of Xi Jinping's thought on the rule of law, the vast number of civil law scholars base themselves on the national conditions and reality of the mainland, strengthen the theoretical research on the civil legal system, and strive to build a civil law theory system and discourse system with distinctive Chinese characteristics, practical characteristics, and characteristics of the times——

In order to fully implement the Civil Code

Provide theoretical support

▶ The construction of an independent knowledge system of Chinese civil law should be based on the system of the Civil Code, and the institutional systems of property rights, contracts, personality rights, marriage and family, inheritance, and tort liability should be constructed respectively. The construction of an independent knowledge system of China's civil law should be centered on civil rights and interests, and the autonomy of private law and humanistic care should be valued. At the same time, the research of civil law should be oriented to the era of high technology and big data, the market economy, and the actual needs of China, so as to build a knowledge system of Chinese civil law.

▶ The principle of equal protection of the Civil Code is the legal reflection of the important exposition of "two unwavering" reaffirmed in the report of the 20th National Congress of the Communist Party of China, and it is necessary to establish a property rights protection system with the principle of equal protection of the Civil Code as the core, provide a basic property rights protection framework for the market economy, and protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law.

2023 is a year for the mainland to continue to promote the implementation of the Civil Code. On the basis of the Civil Code, the relevant civil legal system has been continuously improved, and the Supreme People's Court has promulgated supporting judicial interpretations such as the Interpretation on Several Issues Concerning the Application of the General Principles of Contracts in the Civil Code of the People's Republic of China and the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Ecological and Environmental Tort Liability. Under the guidance of Xi Jinping's thought on the rule of law, the vast number of civil law scholars have strengthened theoretical research on the civil legal system based on the national conditions and realities of the mainland, and strived to build a civil law theoretical system and discourse system with distinctive Chinese characteristics, practical characteristics, and characteristics of the times, so as to provide theoretical support for the effective implementation of the civil code and the development of the mainland's civil legal system.

About Chinese Civil Law

Construction of independent knowledge system

The report of the 20th National Congress of the Communist Party of China pointed out that "accelerate the construction of a discipline system, academic system, and discourse system of philosophy and social sciences with Chinese characteristics". General Secretary Xi Jinping stressed that "accelerating the construction of philosophy and social sciences with Chinese characteristics is, in the final analysis, the construction of China's independent knowledge system". The civil law scholars strive to solve China's problems based on China's reality, continuously promote the creative transformation and innovative development of China's excellent traditional culture, and constantly promote knowledge, theory and method innovation.

Regarding the construction of the knowledge system of civil law, some scholars pointed out that the promulgation of the Civil Code provides a basis and criterion for the construction of the knowledge system of civil law in China, and the independent knowledge system of China's civil law should reflect the characteristics of locality, reference, originality, contemporaneity, scientificity and practicality. The construction of an independent knowledge system of Chinese civil law should be based on the system of the Civil Code, and the institutional systems of property rights, contracts, personality rights, marriage and family, inheritance, and tort liability should be constructed respectively. The construction of an independent knowledge system of China's civil law should be centered on civil rights and interests, and the autonomy of private law and humanistic care should be valued. At the same time, the research of civil law should be oriented to the era of high technology and big data, the market economy, and the actual needs of China, so as to build a knowledge system of Chinese civil law.

General Provisions of the Civil Code

Research on related issues

Regarding the basic status of the Civil Code, some scholars have pointed out that the Civil Code has shown its basic position in the entire legal system in terms of adjustment objects, value objectives, legal efficacy, legislative technology and legislative process, and is of great significance to the construction and application of legislation, judiciary and administration. Some scholars have pointed out that the promulgation and implementation of the Civil Code provides an important yardstick for the modernization of governance, and that administrative organs should take the effective implementation of the Civil Code as an important starting point for promoting the construction of a rule of law government, and seize the opportunity of the era of modernization of government governance. Some scholars have pointed out that the full implementation of the Civil Code is conducive to promoting the development of Chinese's human rights cause, and that the Civil Code, as the basic law of private law, improves the private law protection mechanism for human rights through the construction of a private rights system, and strengthens human rights protection by regulating the exercise of public rights.

The Civil Code of the Mainland is a representative of the Civil Code in the digital age, and the Civil Code responds to the civil legal needs of the digital age. With regard to the construction of the data property rights system, some scholars have pointed out that the civil code of the mainland has confirmed the object attributes of the civil rights and interests of data, and provided a basis for the civil basic law for the confirmation of data rights; data rights confirmation is a key issue that needs to be solved in data legislation, and data rights confirmation is conducive to protecting workers, incentivizing data production, promoting data circulation, and strengthening data protection; data legislation should build a dual rights and interests structure for data rights confirmation on the basis of distinguishing the rights of data sources and data processors, respect and protect the prior rights and interests of data sources, and confirm and protect the property rights and interests of data processors, including the right to hold, the right to use, the right to benefit, the right to dispose of, and the right to request for cessation of infringement, removal of obstruction, and elimination of danger when the right to data property is infringed or obstructed. Some scholars have also pointed out that data is different from other factors of production, and the level of protection of personal data and enterprise data in mainland law is already high, so data rights confirmation has no practical significance. Data rights confirmation can only be resolved by rights bundles, but this may also hinder the use and sharing of data. In the future, the concept of data property rights should be innovated, and ownership should be diluted and the right to use should be emphasized. Regarding the characteristics of the Civil Code in the digital era, some scholars have pointed out that the object, exercise and protection methods of personality rights in the digital age have also undergone major changes, and the mainland civil code has compiled personality rights independently, which is a major improvement of the personality rights protection mechanism in the digital context; the Civil Code actively coordinates property rights and personality rights and interests, and has shifted from focusing on the protection of property rights and interests to focusing on safeguarding digital personality rights and interests; tort law in the digital era faces data infringement, In view of challenges such as large-scale and micro-infringement, the Civil Code actively uses the Tort Liability Law to protect data rights and interests, shifting from focusing on the determination of fault after the fact to focusing on risk prevention in advance, and also focusing on the diversification of compensation and relief functions.

Regarding the application of the norms of the Civil Code, some scholars have pointed out that attention should be paid to the legal thinking methods and methods of application of the Civil Code, such as reference application, analogous application, formulation, direct application, and supplementary application, which will help fill legal loopholes, promote the development of law, and realize the re-systematization and advancement of the Civil Code. Some scholars have pointed out that the judicial interpretation of the application of the Civil Code should be subordinated to the legislative spirit and basic principles of the Civil Code, supplement and improve the enactment of the law, make it complement each other, and jointly complete the legislative and judicial tasks of protecting the legitimate rights and interests of civil subjects.

Regarding the basic principles of the Civil Code, some scholars pointed out that the principle of equal protection of the Civil Code is the legal reflection of the "two unwavering" important expositions reaffirmed in the report of the 20th National Congress of the Communist Party of China, and it is necessary to establish a property rights protection system with the principle of equal protection of the Civil Code as the core, provide a basic property rights protection framework for the market economy, and protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law. Some scholars have pointed out that the green principle norms of the mainland civil code have many advantages, and that the restriction of the autonomy of the will of the civil law by the green principle has something in common with the principle of public order and good customs and the principle of good faith, and that drawing on the path and method of public order interpretation and good faith interpretation can provide basic ideas for the interpretation and implementation of the green principle, and then establish an interpretation system of the green principle; in order to implement the green principle, it is necessary to deal with the civil code, the civil procedure law and the future Environmental Code and find a more effective litigation tool for the implementation of green principles in environmental infringement cases.

Regarding the relationship between civil law and other departmental laws, some scholars have pointed out that the coordinated implementation of the civil code and the civil procedure law is the key to the implementation of the civil code, and the implementation of the civil code must face the challenges of the times of "litigation explosion" and "small number of cases". Some scholars have pointed out that the division of labor and cooperation between the labor law and the civil law with the protection of workers as the theme should be appropriately supplemented in the application of the civil law, and the most similar labor law norms should be applied to civil employment or quasi-subordinate labor services as anonymous contracts; some scholars have pointed out that the convergence and application of the Civil Code and the Personal Information Protection Law need to clarify the fundamental difference between the protection of privacy and the protection of personal information; some scholars have pointed out that the promulgation of the Civil Code has also had an important impact on the judicial aspects of commercial law and economic law。

Property Rights of the Civil Code

Research on related issues

With regard to the change of property rights, some scholars have pointed out that from the perspective of interpretation theory, discussing whether the distinction between creditor's rights contract and property contract is recognized in mainland civil legislation, which is a matter of choice of interpretation in civil law issues, and the discussant must respect the code and history in the process of legal interpretation. In the years since the reform and opening up of the mainland, the practice and laws have not distinguished between property contracts and creditor's rights contracts, and the mode of property right change based on the formalism of creditor's rights has always been adopted in the process of compiling the Civil Code. The principle of distinction in the Civil Code requires that the validity of a contract be distinguished from the effect of a change in property rights, and the principle of distinction is a summary of the local legal experience of the mainland, rather than the result of drawing on the theory of property rights in foreign law.

With regard to the protection of property rights, some scholars have pointed out that the right to claim restitution provided for in Article 237 of the Civil Code is an independent right to claim property rights in nature. As a form of claim for property rights, restitution provided for in this article can play a unique role in protecting property owners. The effective cooperation between the right to claim for property rights and the right to claim damages for infringement jointly form an effective protection of real rights.

With regard to the rule of law in rural land, some scholars have pointed out that "protecting the legitimate land rights and interests of peasants who have settled in cities" can be interpreted as ensuring that peasants do not lose their basic survival interests as a result of settling in cities on the basis of respecting their wishes, and at the same time enabling peasants who have settled in cities to rationally arrange their land rights and interests with the help of market mechanisms. Focusing on the Civil Code, in the future, it is necessary to improve the structure of rural land property rights centered on the "separation of 'three rights'", and to classify the land rights and interests of farmers who have settled in cities, and to construct a code of conduct for paid withdrawal and paid circulation.

With regard to security interests, the academic community has paid extensive attention to issues of strong practical significance, such as the new security rules stipulated in the Civil Code and movable property security, and has made refined interpretations and constructions of the relevant rules on security. Some scholars have pointed out that Article 406 of the Civil Code has changed the position of Article 191 of the original Property Law, allowing the mortgagor to transfer the mortgaged property, and recognizing the retroactive effect of the mortgage, and when the mortgaged property is transferred multiple times, the mortgagee has the right to claim the exercise of the mortgage right against the owner of the mortgaged property; The property that is not prohibited from being mortgaged by the administrative regulations is all property that can be mortgaged, but not all property that can be mortgaged has a corresponding mortgage registration mechanism.

Civil Code Contracts

Research on related issues

In the legislative planning of the Civil Code, the general provisions of contract should play the role of both the general provisions of the contract law and the general provisions of the law of obligations. The correct understanding and application of the General Principles of Contracts of the Civil Code is not only related to the healthy and orderly development of the mainland market economy, but also to the self-consistent construction of the mainland civil law theory system. On 5 December 2023, the Supreme People's Court promulgated the Interpretation on Several Issues Concerning the Application of the General Principles of Contracts in the Civil Code of the People's Republic of China (hereinafter referred to as the "Interpretation").

The Interpretation of the General Principles of Contract Codification has attracted wide attention from civil law scholars. Some scholars have pointed out that many of the contents of the judicial interpretation are related to the system of validity of contractual acts, and on the basis of the existing relevant provisions of "the distinction between mandatory provisions of validity and mandatory provisions of management", the judicial interpretation has taken a new step, reflecting the latest judicial consensus on distinguishing between mandatory provisions. Some scholars have pointed out that the major innovations in the judicial interpretations on the relationship between subrogation litigation and arbitration agreement, the legal consequences of the exercise of the right of revocation, the protection of bona fide debtors in multiple assignments of claims, and the formal requirements for assignment notice are of high practical significance, but they still need to be clarified in the future on the issue of serial avoidance and the rules on multiple assignments of general claims.

With regard to the effect of set-off, some scholars have pointed out that the Civil Code actually denies that the creditor's right with the expiration of the statute of limitations can be offset as an active claim, but does not prevent it from being offset as a passive claim; some scholars have pointed out that Article 568 of the Civil Code should be interpreted as having no retroactive effect and will take effect in the future, and the retroactivity of statutory set-off is only applicable to the situation where the active claim and the passive claim constitute a simultaneous performance of the defense relationship.

With regard to liability for breach of contract, civil law scholars have discussed issues such as compulsory performance, damages, and liquidated damages. Some scholars have pointed out that repair, rework, and replacement are all manifestations of compulsory performance, and it is not appropriate to give priority to the application of damages for breach of contract when the rules of compulsory performance can be applied and the non-breaching party decides to request the breaching party to enforce performance, unless the cost of compulsory performance is completely disproportionate to the depreciation of the subject matter. Some scholars have pointed out that the loss of opportunity interest must be real and substantial, not speculative, and the adjudicator should strictly grasp the constitutive elements of compensation for damage to opportunity interest, so as to avoid the wave of litigation. Some scholars have pointed out that in the process of discretionary reduction of liquidated damages, the basic position of non-discretionary reduction should be followed and discretionary reduction should be the exception, and the meaning of excessive higher than loss should be accurately grasped in combination with the specific transaction form, and the legal consequences of the inherent value choice of discretionary reduction should not be directly deduced based on the fact that liquidated damages are higher than actual losses.

With regard to the issue of individualized pricing in sales contracts, some scholars have pointed out that if individualized pricing infringes upon the substantive freedom of the contract, it is necessary to give the parties the right to get rid of the constraints of the contract through the linkage of the systems of public law and private law, such as the right to interpret algorithms and the liability for negligence in contracting.

With regard to factoring contracts, some scholars have pointed out that the rules on factoring transactions in the Civil Code are the product of the combination of functionalism and formalism, and that the relevant rules of the subsection of security interests in the Civil Code should be applied or applied by analogy to disputes related to the security function in factoring transactions.

With regard to unjust enrichment, some scholars have pointed out that the return rules of the civil code system of unjust enrichment are extremely abstract, and it is urgent to rely on foreign legislative precedents, the concept and spirit of laws, as well as the judicial traditions of the mainland to continue to renew them. Some scholars have pointed out that when unjust enrichment cannot be returned in its original state, the value must be calculated, and the benefits will outweigh the losses under the circumstances where the beneficiary may dispose of, use, or process the damaged person's property at a high price, or the natural appreciation of the subject matter, so the benefits should be reasonably distributed among the parties. Some scholars have pointed out that the general preventive function of the payment system for illegal causes should focus on the time when the parties have not yet committed illegal and unconventional acts, and form reasonable rules on this basis.

Personality Rights of the Civil Code

Research on related issues

Regarding the great significance of the implementation of the compilation of personality rights, some scholars have pointed out that the establishment of an independent edition of personality rights in the Civil Code is a major innovation made based on meeting the people's growing needs for a better life, and is a concentrated embodiment of the characteristics of Chinese characteristics, practice and the times of the Civil Code, and is of symbolic significance for the construction of an independent knowledge system of Chinese civil law. Through the comprehensive recognition of human dignity, equality, free development of personality and protection of personality rights, as well as the legal response to the challenges of scientific and technological innovation under the new social and economic conditions, the Personality Rights Compilation effectively copes with the risk of subject objectification, demonstrates China's new exploration of comprehensively promoting the rule of law and building a modern socialist country on the track of rule of law in the new era, provides a strong guarantee for the realization of Chinese-style modernization, and contributes "Chinese wisdom" to the development of world law.

With regard to general personality rights, some scholars have pointed out that the concept of general personality rights is a personality right with the characteristics of collective rights and interests granted by the law to natural persons in a highly generalized manner, and it is a right to the value and dignity of human existence, and judges must strictly follow the "personal freedom and personal dignity" stipulated in Article 990, Paragraph 2 of the Civil Code when recognizing and protecting general personality rights The value basis is to weigh interests, determine whether a certain personality interest is included in the scope of protection of general personality rights, and fully argue and prove this in the adjudication.

With regard to the fair use of personality interests, some scholars have pointed out that the legislative purpose of Article 999 of the Civil Code is to demarcate the boundary between the protection of personality rights and the protection of public interests such as freedom of speech and the exercise of functions and powers by state organs. The determination of "fair use" should follow the principle of priority of special provisions, the principle of necessity and the principle of proportionality.

With regard to the rights and interests in personal information, some scholars have pointed out that the core interests of the protection of rights and interests in personal information are spiritual interests, which are the individual's autonomous interests in the processing of personal information from the positive side, and the interests enjoyed by natural persons to prevent the infringement of personal and property rights and interests or the damage to personal dignity and personal freedom due to the illegal processing of personal information. Individuals may allow others to commercialize their personal information to obtain corresponding economic benefits. When personal information rights and interests are infringed, individuals have the right to exercise their personality rights such as stopping the infringement and removing obstacles, and have the right to file a lawsuit with the court to protect their personal information rights and interests.

With regard to personal credit, some scholars have pointed out that within the framework of the Civil Code, the right to personal credit belongs to the economic interest part of the right to reputation. The Personal Information Protection Law shall be applied first to the determination of infringement of an individual's right to credit, and then the provisions of the Civil Code shall apply to the elements of infringement of the right to reputation.

Regarding the right to respond, some scholars pointed out that in the era of self-media, with the extreme sinking of the power of online discourse, the Internet and other media are also full of false information, and it is necessary to prevent it by legally confirming the right to respond. The system of the right to respond has the functions of self-protection, prevention of damage, timely resolution of disputes, and protection of the public's access to truthful information. The right to respond is in nature a right to claim for personality rights, which is the embodiment of Article 995 of the Civil Code on the right to claim for the removal of obstacles and the elimination of influences. The basic principle of the exercise of the right to respond is the equal protection of the right to personality and the right to respond where information is published. Although the Civil Code of the Mainland does not explicitly provide for the right to respond, it can be interpreted through relevant provisions that the Civil Code has recognized this system. The right to respond involves the freedom of expression of the media, and the construction, adjustment and expansion of its specific rules should achieve a reasonable proportional relationship between basic rights.

Succession of the Civil Code

Research on related issues

With regard to bequests, some scholars have pointed out that bequests are legal acts of the cause of death in the civil code and doctrine of the mainland when the heirs give property to subjects other than the legal heirs in the form of wills, and it can be seen from article 230 of the Civil Code that the mainland adopts the model of "indirect acquisition", that is, the legal effect after the will takes effect is only to enable the legatee to obtain the right to claim the inheritance, rather than directly obtaining the ownership of the bequeathed property.

On the issue of the validity of a gift during his lifetime in inheritance, some scholars have pointed out that if the donor dies before the delivery of the subject matter, his heirs should enjoy the right of arbitrary revocation, but his right of arbitrary revocation should be limited in the case of gifts with burdens attached to them, gifts made for the purpose of fulfilling natural debts, etc.

Marriage and Family of the Civil Code

Research on related issues

With regard to the application of the law in the Marriage and Family Section, some scholars have pointed out that when applying the rules of the Marriage and Family Section, the rules of the Marriage and Family Title should be observed and applied from a systematic perspective: in terms of the internal system, the rules for the application of the Marriage and Family Title should fully implement the values of human dignity and other values of the Civil Code; in terms of the external system, the application of the Marriage and Family Title should maintain coordination with the relationship between the General Provisions, the Property Rights, the Contracts, and the Personality Rights, and should not be isolated from the other Parts of the Civil Code.

With regard to the legislative thinking of the family property system, some scholars have pointed out that the traditional family law and the modern marriage and inheritance law in mainland China have similarities in terms of system, function and legitimacy, and both aim to uphold the maximization of family interests while taking into account the personal freedom of family members. The external disposition of the family property, the assumption of debts and the internal management of the family property are based on the interests of the family. Unique assets other than family property are commonly found in marrying property and parents contributing to their children's marriage or house purchase, and the function of intergenerational inheritance of family property determines that it is a gift to one of the children and does not consider the time of contribution. The disintegration and division of family property and intergenerational inheritance are the same, and the inheritance order and share emphasize the filial piety culture and the contribution of members.

With regard to the recognition and repayment of joint debts of husband and wife, some scholars have pointed out that in terms of interpretation, the joint debts of husband and wife should be strictly recognized, and although the justification basis of joint debts of production and operation type husbands and wives includes the theory of common benefit, it must not be generalized into the criteria for determining joint debts so that the specific types of joint debts are overset. Some scholars have pointed out that the joint debts of the husband and wife should be characterized as a kind of joint and several debts with the order of repayment, and the joint debts of the husband and wife should be repaid with the joint property of the husband and wife first, and can only be repaid with the personal property of both parties when it is insufficient, and the personal debts of one of the husband and wife should be repaid with his or her personal property first, and only half of the share of the joint property of the husband and wife can be repaid if it is insufficient.

With regard to disputes between husband and wife over childbirth, some scholars have pointed out that the Civil Code protects the reproductive function of marriage with systems such as the obligation to inform before marriage, the duty of fidelity and the presumption of paternity for major diseases, and because the willingness to have children is subject to the influence of individual health, parenting ability and national policies, etc., and the agreement to have children within marriage changes dynamically, in order to protect the good faith fertility partnership, the spouse has the obligation to inform the other party of important information related to childbirth, and those who intentionally violate it need to compensate the spouse for the losses suffered thereby.

Regarding the relationship between the Civil Code and folk marriage customs, some scholars have pointed out that there are still widely influenced marriage customs such as Xi weddings and wedding contract bride prices. After the Marriage and Family Section of the Civil Code removes the legislative adaptation clauses on civil Xi marriage and customs, judicial adjudication of marriage and customs disputes should grasp the yardstick between respecting the autonomy of family affairs and complying with the uniform law, especially when there is a conflict between civil Xi and customs and positive law, good customs should be screened and customs should be introduced into the trial to get out of the dilemma of applying the law.

Tort Liability of the Civil Code

Research on related issues

The research topics conducted by the academic community around tort liability are extensive and rich, and they are both realistic, cutting-edge and principled. With regard to competing liabilities, some scholars have pointed out that the essence of the so-called "competing liabilities"/"competing claims" is the coordination of civil remedies to regulate competition. As far as the judiciary is concerned, the norms with competing relationships should be applied in the order prescribed by law, and if there is no clear order, the general order between the norms should be established through methods such as purposive interpretation and system interpretation in accordance with the policy and the intent of the norms. As far as legislators are concerned, in addition to ranking, competitive conflicts can also be mitigated by merging or even shifting to an outcome approach.

With regard to self-willingness, some scholars have pointed out that only when a specific activity has the inherent and common characteristics of cultural and sports activities, it should be included in the scope of application of Article 1176 of the Civil Code on the rules of self-risking in cultural and sports activities.

With regard to compensation for personal injuries caused by elderly care institutions, some scholars have pointed out that elderly care institutions are not insurers for the personal safety of the elderly and are only liable when the party at fault fails to fulfill their duty of care. The judicial authorities can analyze the risks that should be foreseen and prevented by the elderly care institutions from the four dimensions of "hardware, software, environment, and subject", and on the premise of respecting the personal dignity of the elderly, comprehensively consider the legal provisions, national and industry standards, contract agreements, and the needs of the physical and mental conditions of the elderly, and determine whether the elderly care institutions are at fault.

Regarding online violence, some scholars have pointed out that the governance of platforms is an important link in the systematic engineering of online violence governance. In view of the non-negligible role and role played by platforms in the formation and development of online violence, the idea of giving platforms a negative role based on traditional net neutrality and post-event responsibility should be abandoned, and platforms should be allowed to bear certain obligations of active action in advance within a reasonable range. For online information that is clearly illegal, platforms should take the initiative to take measures such as blocking and deleting it.

With regard to the civil law protection of the right to medical treatment, some scholars have pointed out that the legal circumstances under which the patient's close relatives exercise the right to informed consent on behalf of the patient's close relatives are the patient's inability to consent and protective treatment as stipulated in the latter part of paragraph 1 of Article 1291 of the Civil Code.

Regarding the infringement of generative AI, some scholars have pointed out that the biggest challenge arising from the development of generative AI is the risk of infringement, and for this reason, it is necessary to accurately define the object of infringement in law, that is, to determine what kind of rights are infringed, to accurately define the subject of infringement, that is, to determine who constitutes infringement, and to accurately define infringement liability, that is, to determine how to bear responsibility. The principle of attribution applicable to such infringement is mainly the principle of fault liability, and the "notification rule" should be applied by analogy. In the future, when conditions are ripe, special legislation can be adopted to effectively prevent and deal with various infringement risks caused by generative AI.

In short, the past year has been a year of prosperity and development of China's civil law, and the vast number of civil law scholars have shown new responsibilities, new deeds and new contributions under the guidance of Xi Jinping's thought on the rule of law.

(The authors are Wang Liming, president of the China Civil Law Research Association and professor of Chinese University, and Bao Ding Yurui, postdoctoral researcher of the Law School of Chinese University)

(Procuratorate Daily)