{"id":24848,"date":"2020-05-17T22:16:35","date_gmt":"2020-05-18T05:16:35","guid":{"rendered":"https:\/\/lapost.us\/?p=24848"},"modified":"2020-05-17T22:16:35","modified_gmt":"2020-05-18T05:16:35","slug":"compilation-of-civil-code-fills-legislative-gaps-for-china","status":"publish","type":"post","link":"https:\/\/lapost.us\/?p=24848","title":{"rendered":"Compilation of civil code fills legislative gaps for China"},"content":{"rendered":"

By Xu Jun, People\u2019s Daily<\/span><\/p>\n

\u201cTo make a civil code of China\u2019s own is a dream of generations of Chinese civil jurists,\u201d said Wang Liming, chairman of the Civil Law Division under the China Law Society.<\/span><\/p>\n

Now, the dream is coming true as the upcoming 3rd Session of the 13th National People\u2019s Congress (NPC) is about to approve the draft of the Chinese civil code.<\/span><\/p>\n

The civil code is a milestone in China\u2019s legislative history. It is the first law named with \u201ccode\u201d since the founding of the People\u2019s Republic of China in 1949, as well as a basic civil legal norm, Wang introduced.<\/span><\/p>\n

It is divided into seven sections, namely the general rules, as well as provisions on property, contract, personality rights, marriage and family, inheritance, and torts. Established on Chinese practices and learning from the foreign legislative experiences, the civil code demonstrates the development level of China\u2019s civil legislation.<\/span><\/p>\n

According to Wang, China\u2019s legislative departments have initiated the making of civil code for times, but had to adopt a \u201cretail after wholesale\u201d strategy restricted by the then social and economic development, which means the country planned to firstly make individual laws on property, contract and torts, etc., and then compile a civil code based on those.<\/span><\/p>\n

However, the compilation of the civil code is not simply \u201cadding up\u201d the laws, but integrating the existing individual civil laws in a science-based and logical manner with intrinsic consistency, and filling legislative gaps in certain areas.<\/span><\/p>\n

\u201cThe civil code will make individual laws more comprehensive, systematic and coordinated, which helps better balance the problems in different individual laws,\u201d Wang said. It will also provide comprehensive, authoritative and systematic arbitration rules for jurisdiction departments, as well as guide and normalize different civil conducts for the public, he added.<\/span><\/p>\n

The section on personality rights is a major high light of the Chinese civil code, Wang noted, explaining the section answers to the need for personality rights protection in the era of internet and big data and responds to the challenges for personality rights protection. It has Chinese characteristic and showcases Chinese wisdom, Wang said.<\/span><\/p>\n

The draft section on personality rights established a system of injunction which enables the courts to issue injunctions against the practices infringing upon personality rights, said Wang, adding that it helps offer timely assistance for victims.<\/span><\/p>\n

Wang told People\u2019s Daily that legislative departments have done a huge amount of work, and the jurisprudential circle and legal profession have both made constructive contributions since the 4th Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) decided to compile the civil code.<\/span><\/p>\n

Each draft section of the civil code has been deliberated and revised by the NPC Standing Committee, and now the draft civil code is generally in good shape. Wang said he hopes the code will be implemented soon, so as to offer strong support for comprehensively promoting law-based governance.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

By Xu Jun, People\u2019s Daily \u201cTo...<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[],"class_list":["post-24848","post","type-post","status-publish","format-standard","hentry","category-china"],"_links":{"self":[{"href":"https:\/\/lapost.us\/index.php?rest_route=\/wp\/v2\/posts\/24848","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lapost.us\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lapost.us\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lapost.us\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lapost.us\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=24848"}],"version-history":[{"count":1,"href":"https:\/\/lapost.us\/index.php?rest_route=\/wp\/v2\/posts\/24848\/revisions"}],"predecessor-version":[{"id":24849,"href":"https:\/\/lapost.us\/index.php?rest_route=\/wp\/v2\/posts\/24848\/revisions\/24849"}],"wp:attachment":[{"href":"https:\/\/lapost.us\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24848"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lapost.us\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24848"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lapost.us\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24848"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}