01
What is the status of the Civil Code?
The Civil Code plays an important role in the socialist legal system with Chinese characteristics, and is a basic law that consolidates the foundation, stabilizes expectations, and benefits the long-term.
02
What are the basic principles of the Civil Code?
1. The principle of equality;
2. Voluntariness;
3. The principle of fairness;
4. The principle of good faith;
5. The principle of law-abiding and public order and good customs;
6. Green principles.
03
What are the provisions of the Civil Code on the application of law?
1. The handling of civil disputes shall be in accordance with the law, and where the law does not provide for it, custom may be applied, but it must not violate public order and good customs;
2. Where other laws have special provisions on civil relations, follow those provisions;
3. The laws of the People's Republic of China shall apply to civil activities within the territory of the People's Republic of China; Where the law provides otherwise, follow those provisions.
04
What are the contents of citizens' civil rights?
1. According to whether civil rights are based on property interests, they are divided into property rights (property rights, creditor's rights, inheritance rights, property rights in intellectual property rights) and personal rights (personality rights, identity rights);
2. According to the role of civil rights, they are divided into the right to control, the right to request, the right to defend and the right to form;
3. According to the scope of validity of civil rights, they are divided into absolute rights (hereditary rights) and relative rights (human rights);
4. According to the relationship between the two powers, they are divided into master rights and subordinate rights;
5. According to whether there is a derivative relationship between each other, it is divided into original rights and remedy rights;
6. According to whether the rights are transferable or not, they are divided into exclusive rights and non-exclusive rights.
05
What are the characteristics of the Civil Code?
1. It has strong Chinese characteristics;
2. It is significantly groundbreaking;
3. It has strong practice continuity and operability.
Source: China Legal Publishing House