Page 7 - 2021 Policy Watch

P. 7

The American Chamber of Commerce in South China

third time a civil code was considered, China had just ??户?挎??????娉???????涔??瑙??锛??濮汇??
commenced a historical era of reform and opening, 瀹跺涵???浜插??跨????瀹剁?淇????
therefore, the promulgation of the Civil Code was de-
layed for emphasis on other matters. China thus decid- 灏界?涓???????浜?????甯???扮?姘??娉??锛?
ed to enact separate statutes for civil law matters, then 浣????娉?????澶х?搴??????拌????浜??寰?
gradually accumulate, summarize and improve these 杩???寸?锛???????瀹???扮?姘??娉??锛????
statutes, and finally formulate a Civil Code.3 Therefore, 杩??浜???扮??版??靛??烘?瑙??锛???宠????
China enacted the amended Marriage Law of 1980, 姘??娉?????濂借ˉ???渚??浜烘??ㄥ?锛????苟
Succession Law of 1985, General Principles of the Civil ??己浜?????褰㈣薄??汉???淇???跺??伴??板?
Law of 1986, Guarantee Law of 1995, Contract Law 璇?????涓?涓?氨?????储浜ч?????ㄣ???浜?
of 1999, Law of Property Rights of 2007 and the Tort ?搞???甯?????????拌???????浜??浜??寰?
Liability Law of 2009. In March 2015, the Legisla- ?辨?32?ㄣ???涓?????濮绘???????户?挎?????
tive Affairs Commission of the Standing Committee ???娉????????????绘????????淇????????
of the National People?? Congress officially launched ???娉?????????????????镜??矗浠绘???????
the compilation of a Civil Code. Over five years, after 姘???诲????9?ㄦ?寰??????藉凡绾冲????浜?
ten Standing Committee meetings and two national ?搞??腑锛??浠ヤ???????灏???????浜?????
congresses, the Civil Code was finally completed. On ?借????姝ュ?姝????浠?23?ㄦ?寰??缁х画淇??锛?
28th May 2020, the Third Session of the 13th National 涓????浜????苟琛???姐??
People?? Congress adopted the Civil Code of the People??
Republic of China, as a specific manifestation of the 2. ?告?瑙ｉ?
civil rights granted by the Constitution of the People??
Republic of China. For example, the Constitution, Ar- 涓??锛??涓哄ぇ???绯诲?瀹讹???ぇ绋?害涓?????
ticle 13 provides, the lawful private property of citizens ?????敖绠″?姝わ??や??藉?绔???哄??跺???慨
may not be encroached upon; the state protects by law ?规?寰??瑙???告??烘??哄??告?瑙ｉ?4???瀵?
the right of citizens to own private property and the ?ф?渚?5锛??瀵规?寰??瑙??琛?В???杩??锛?В
right to inherit private property. The Constitution Ar- ?冲?娉??璺典腑?虹??蜂?浜?」???娉???筹??瑰?
ticle 49 also provides, marriage, the family and mother ???楂?汉姘???㈢?涓炬?锛??娉????害??????
and child are protected by the state. 姝ｅ??ㄥ?浜哄ぇ绔????璧风?浣?????姝わ?涓????
???濂???镐?娉???卞?????撼?ュ?娉?В?????
China?? Civil Code largely organizes existing civil laws, 瀵兼?ф?渚??浣?郴锛???㈡兜???涓??娉????
rather than creating entirely new civil law, although
new civil law is promulgated in the Civil Code. There 4 ??楂?汉姘???㈢??告?瑙ｉ?????╂?浜?1979骞?7??5?ュ?
are also provisions for new situations. There are excel- 甯????汉姘???㈢?缁?????涓??涓??瑙??锛????楂?汉姘?
lent additions to civil law, such as the section on per- 娉??瀵逛??ㄥ??よ?绋?腑濡???蜂?搴??娉?????浠ょ???
sonality rights, which properly organizes and enhances 棰??杩??瑙ｉ???????ワ?1981骞?6??10?ラ?????????戒汉
the rights of persons to their names and images, to be 姘?唬琛ㄥぇ浼?父?″?????充???己娉??瑙ｉ?宸ヤ????璁???
free from harassment and defamation and in another 浜????灞??娉??瀹″?宸ヤ?涓??浣???ㄦ?寰????浠ょ???
section to acquire property. Prior to the publication of 棰???辨?楂?汉姘???㈣?琛?В?????灞??妫?瀵??妫?瀵?伐浣?
the Civil Code, there existed 32 civil and commercial 涓??浣???ㄦ?寰????浠ょ????锛????楂?汉姘??瀵??杩??
laws in force in China, but 9 of them, including the 瑙ｉ????楂?汉姘???㈠???楂?汉姘??瀵????В????????
Marriage Law, the Succession Law, the General Prin- ???х????锛??璇峰??戒汉姘?唬琛ㄥぇ浼?父?″????瑙ｉ???
ciples of the Civil Law, the Adoption Law, the Guaran- ?冲???
tee Law, the Contract Law, the Law of Property Rights, 5 2018骞?10??26?ヤ慨璁㈢???汉姘???㈢?缁??????????
瑙?????楂?汉姘???㈠?浠ュ?灞??瀹″?宸ヤ?涓??浣????
3 Mao Zedong, On Practice, 1937. This treatise by Mao Zedong is 娉?????棰??琛?В?????楂?汉姘???㈠?浠ュ?甯??瀵兼?ф?
very influential in Chinese government proceedings. For example, the 渚???????℃?寰??涔??????ф?渚???
Code of Civil Procedure in modern China was used by the courts even
before it was promulgated and based on that experience, revised and 7
then promulgated.

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