(Foreseeing the two sessions) Set a "general rule" for social life

　　China News Agency, Beijing, May 15 Question: Set a "general rule" for social life. The Chinese Civil Code is ready

　　China News Service reporter Liang Xiaohui

　　With the opening of the third session of the 13th National People's Congress, the Civil Code of China, the "Encyclopedia of Social Life" that has been compiled for the fourth time in the history of New China, is only "one step away" from the official release.

Drawing: Li Xueyao

　　The review of the draft civil code is expected to be one of the heavy topics of the National People's Congress. In December last year, the 15th meeting of the Standing Committee of the 13th National People's Congress decided to submit the draft civil code to the Third Session of the 13th National People's Congress for deliberation. Also at the Standing Committee meeting, a total of 7 chapters with supplementary provisions, 84 chapters, 1260 civil code draft debuted.

　　The seven drafts are, in order, the General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, and Tort Liability. This is also the first time that a draft of the Civil Code of the People's Republic of China is presented in the form of a complete draft of the Civil Code of the People's Republic of China after it has been "consolidated" with the general rules of the Civil Code formulated in 2017.

　　In the huge legal system, the civil law has the closest relationship with the people. It permeates every corner of social life and economic life. The citizens ’food, clothing, housing, transportation, birth, old age, sickness, death, production and operation are all subject to civil law adjustment. As a codified civil law, the civil code is regarded as an "encyclopedia" and "general rules" of social life.

　　Looking back at history, it is the long-cherished wish of several generations of New China to compile a civil code of its own.

On December 28, 2019, the 15th meeting of the Standing Committee of the 13th National People's Congress held a closing meeting in Beijing. After deliberation on the Civil Code of the People's Republic of China (Draft), the meeting decided to submit it to the National People's Congress for deliberation. China News Service reporter Du Yangshe

　　After the founding of New China, it drafted the Civil Code four times in 1954, 1962, 1979, and 2001. All of them were put on hold for the time being immature.

　　"But past attempts have been fruitful." Shi Hong, deputy director of the Civil Law Office of the Legal Work Committee of the National People's Congress, said that in 1979, in particular, the principle of first enacting a civil law was established. The guarantee law, contract law, property law and other laws have gradually formed a relatively complete civil legal norm system, which has also laid a good legal and practical foundation for the current compilation of civil codes.

　　Focusing on the present, the civil code "two steps" is expected to complete the last step.

　　In 2014, the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China proposed the legislative task of codifying the civil code. Subsequently, the Chinese legislature divided the vast legislative task of this project into "two steps": the first step was to compile the general rules of the civil code, that is, the general rules of the civil law. This step was completed in 2017; the second part was to compile the civil codes. Separately, strive to submit to the National People's Congress for review and approval in 2020, so as to form a unified civil code.

　　Sun Xianzhong, a deputy to the National People's Congress who proposed this "two-step" legislative proposal to the legislature, and a Chinese civil jurist who participated in the entire legislative process of the Civil Code, pointed out that the draft has gone through a full legislative process and has been prepared to be submitted to the National People's Congress for deliberation conditions of.

　　At present, each sub-draft has been reviewed by the Standing Committee of the National People's Congress at least twice. For example, the drafts of marriage and family, personality rights, and infringement liability have all gone through three reviews and have been openly solicited for comments. According to the Chinese legislature, since the compilation work was started, the number of opinions and suggestions publicly solicited by the Chinese People's Congress Network alone has reached a record-breaking 1.02 million.

　　In the meantime, regulations such as the rights enjoyed by the fetus, the clarity of personal privacy, and the classification of legal persons, to avoid worries for the courageous, to prevent falling objects from falling at high altitude, and to protect the virtual property, all became hot topics and caused extensive discussion. They will also continue to solicit the "greatest common divisor" at this People's Congress, thus forming a civil code that truly conforms to China's national conditions.

Data map: Beijing Great Hall of the People. China News Service reporter Du Yangshe

　　Looking to the future, the civil code will become China's "general rules for social life" and a "right declaration" for the Chinese people.

　　In the eyes of many professionals in the legislative and legal fields, the civil code is second only to the constitution. Qiao Xiaoyang, chairman of the Law Committee of the 12th National People's Congress, pointed out in the legislative process that if the Constitution focuses on restricting public power, then the Civil Code focuses on protecting private rights. For the people, it is a declaration of rights or rights. Guarantee, so civil law is also called "personal law".

　　Observation believes that building a complete social wealth protection system, protecting the legal rights and interests of citizens ’legal persons, allowing citizens’ dignity to be fully respected, people ’s wisdom fully exerted, and social wealth fully flowed are historical responsibilities that the Civil Code should bear and should have Historical Value.

　　"The countries of the civil law system can measure the maturity of the rule of law in this country by whether they can formulate a civil code." Qiao Xiaoyang said.

　　Sun Xianzhong also believes that having a complete civil code will be another landmark event in the modernization of China's governance system and governance capabilities.

　　China's current Civil Code legislation is trying to answer the new common problems facing humanity in the 21st century, such as coordinating the relationship between economic development and environmental protection, clarifying scientific and technological progress and personal privacy protection. In the context of the increased global emphasis on "personal rights" in the new century, China has also set up special editors to regulate this. This is an innovation that has not been found in other countries' civil code legislation.

　　It is foreseeable that with the approval of the Chinese Civil Code, the Chinese Civil Law system will enter a new era. (Finish)