May 2024 is the fourth "Civil Code Publicity Month" in mainland China, let's learn together!
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Status of the Civil Code
The Civil Code of the People's Republic of China, known as the "encyclopedia of social life", is the first law named after the code in New China, occupies a fundamental position in the legal system, and is also the basic law of the market economy. At the same time, it is also a declaration and guarantee of civil rights, if the constitution focuses on limiting public power, then the civil code focuses on the protection of private rights, almost all civil activities from the signing of contracts, the establishment of companies, to the payment of property fees, divorce, can find a basis in the civil code.
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History of the Civil CodeHistory of the Civil Code
The Civil Code of the People's Republic of China, known as the "encyclopedia of social life", is the first law named after the code in New China, occupies a fundamental position in the legal system, and is also the basic law of the market economy.
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The content of the Civil Code
The Civil Code consists of 7 parts and 1,260 articles, each of which is in order of General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, Tort Liability, and Supplementary Provisions. The whole article runs through the people-centered development thought, focuses on meeting the people's needs for a better life, makes clear and detailed provisions on citizens' personal rights, property rights, personality rights, etc., stipulates tort liability, and clarifies the right to claim and remedy when rights are weakened, derogated, or infringed, etc., reflecting the full protection of people's rights, and is known as the "Declaration of People's Rights in the New Era".
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General Provisions
The "General Provisions" stipulate the basic principles and general rules that must be followed in civil activities, and govern the various parts of the Civil Code. The compilation of the General Provisions regards "carrying forward the core socialist values" as an important legislative purpose, reflecting the distinctive Chinese characteristics of adhering to the combination of governing the country according to law and governing the country by virtue. At the same time, it stipulates that civil rights and other legitimate rights and interests are protected by law, and establishes the basic principles of civil law, such as equality, voluntariness, fairness, integrity, law-abiding, public order and good customs, and green principles.
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Property rights
Property rights are important property rights enjoyed by civil subjects in accordance with the law, and the legal system of property rights is one of the most important basic civil systems to regulate the civil relations arising from the ownership and use of things.
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Contracts
A contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship, and the scope of adjustment of the contract legal system is the civil relationship arising from the contract.
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Personality Rights Edition
The independent compilation of personality rights in the Civil Code is one of the highlights and innovations in the compilation of the Civil Code. Personality rights are one of the foundations for the survival and development of society and individuals, and are the needs of the people for a better life.
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Marriage and Family, ed
The marriage and family system is the basic norm for regulating the relationship between husband and wife and family and family relations. The Marriage Section stipulates that families shall establish a fine family style, promote family virtues, and attach importance to the building of family civilization.
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Succession Edition
The inheritance system regulates the civil relations arising from inheritance, and is the basic system for the inheritance of wealth after the death of a natural person. The Inheritance Section stipulates that men and women have equal rights to inherit and that in the absence of a will, the inheritance shall be in the order prescribed by law.
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Tort Liability
The tort liability system regulates the civil relationship arising from the infringement of civil rights and interests. The section on tort liability stipulates that if the actor infringes on the civil rights and interests of others due to his fault and causes damages, he shall bear tort liability.
Significance of the Civil Code
The promulgation of the Civil Code is of great significance for improving the socialist rule of law system with Chinese characteristics, advancing the modernization of the national governance system and governance capacity, advancing the comprehensive rule of law, safeguarding the fundamental interests of the broadest masses of the people, and promoting social fairness and justice.
Source: Shaanxi Justice