The draft of the Civil Code is submitted to the National People's Congress for consideration today
. The current marriage law, inheritance law and general rules of civil law will be abolished at the same time
Today, the draft civil code is submitted to the National People's Congress for deliberation. "Codification of the Civil Code is a major political and legislative task determined by the Fourth Plenary Session of the Eighteenth Central Committee of the Party. It is a major rule of law construction plan made by the Party Central Committee with Comrade Xi Jinping at the core."
The relevant person in charge of the Legal Work Committee of the Standing Committee of the National People's Congress said. After the founding of New China, the party and the country had initiated the formulation of civil law and the compilation of civil code four times in 1954, 1962, 1979, and 2001.
From the start of the compilation of the civil code in March 2015 to the formation of a unified civil code in March of this year, it took five years and the Chinese civil code, which many generations eagerly awaited, is about to usher in a historic moment.
Core tips
The newly edited draft of the Civil Code consists of 7 chapters, followed by the general articles, real rights, contracts, personality rights, marriage and family, inheritance, tort liability, and by-laws, totaling 1,260 articles.
After the civil code is officially implemented, the current marriage law, inheritance law, general rules of civil law, adoption law, guarantee law, contract law, property law, tort liability law, and general rules of civil law will be abolished at the same time.
It is reported that the Civil Code is the first law in New China to be named after the code.
attention
What are the topics of "wide consensus consensus"?
"Broad consensus" is a major highlight of the compilation of the Civil Code. The relevant person in charge of the Legal Work Committee of the Standing Committee of the National People's Congress introduced that the Legal Work Committee has carefully sorted out and studied the nearly 790,000 opinions submitted by more than 380,000 people since the consultation in September 2018. So, which issues in the civil code are the world's most concerned about?
"The voices of the people are mainly focused on how to renew the use period of residential construction land, whether to make provisions for parents to change the surnames of minor children after divorce, the determination of the joint debt of husband and wife, and the improvement of the liability for parabolic fall objects at high altitudes." Introduced by the relevant person in charge of the Standing Committee Legal Affairs Committee.
The Beijing Youth Daily reporter was informed that in 2019, the NPC deputies proposed 32 bills involving the codification of the civil code, including: amendments to the Property Law or 10 amendments to the Civil Code, 3 amendments to the Contract Law, and amendments to the Tort Liability Law 5 bills, 3 bills to modify the inheritance law, 6 bills to modify the marriage law or to compile the marriage and family code in the civil code, 4 bills to modify the adoption law, and 1 bill to compile the personality rights in the civil code.
Some opinions and suggestions have been absorbed in the process of codification of the Civil Code. For example, in order to improve the business environment, the property rights editor has deleted the provisions of the specific registration agency for movable property guarantees, leaving room for a unified unified movable property guarantee system in the future; The relevant provisions on online tort liability have been refined and perfected; the marriage and family editing has further improved the rules for determining the common debts of spouses and expanded the range of adoptees.
It is reported that the draft review draft submitted to the General Assembly has improved the relevant provisions for preventing sexual harassment. "Organizations, enterprises, schools and other units should take reasonable measures to prevent, accept complaints, investigate and dispose of, and prevent and stop the use of power and affiliation to carry out sexual harassment." The previous draft stipulates that employers should take reasonable measures to prevent and stop the use of power, affiliation and other sexual harassment. Some standing committee members, units and the general public propose to clarify which subjects are included in the “employment unit” to make this provision more targeted in preventing sexual harassment in the workplace and campus. The Constitution and Law Commission recommended adopting this opinion and amending the "employer" to "organs, enterprises, schools and other units."
Highlights
Pay attention to "safety above head" and clarify the responsibilities of parabolic parachutes
"We are also concerned that some high-altitude parabolic and falling objects have caused injuries recently, and there have also been serious cases of death." Overhead safety "has also caused widespread concern in society." August 2019 On the morning of the 21st, the spokesperson of the Legal Work Committee of the Standing Committee of the National People ’s Congress held the first press conference in the office building of the National People ’s Congress. The spokesman of the Legal Work Committee Zang Tiewei made his first appearance. The problem.
"Our current laws make very comprehensive and clear provisions in terms of criminal responsibility, administrative responsibility and civil liability." Zang Tiewei said that such behavior may constitute a crime. Although the criminal law does not specifically stipulate the charge of parabolic throwing at high altitudes, "but for the purpose of intentionally killing or wounding, it may constitute a crime of intentional homicide or intentional injury. There are also those for the high-altitude parabolic negligence causing death or serious injury. May constitute a crime of negligence causing death or negligence causing injury. If a high-altitude projectile endangers the safety of the life and property of an unspecified majority of people, it may also be held criminally responsible for crimes related to endangering public safety in a dangerous way. " He said that if it has not yet constituted a criminal offense, it should also consider pursuing administrative responsibilities in accordance with the current laws and regulations on public security management punishment, construction, and production safety.
On August 22, 2019, the draft of the infringement liability draft added a new provision that clearly states that “throwing objects from buildings” is prohibited. The relevant person in charge of the Legislative Affairs Commission of the Standing Committee of the National People's Congress told the Beiqing Daily that the draft submitted to consideration for the above issues "has been greatly expanded and improved on the basis of the Tort Liability Law."
In addition to the provision of "Prohibition of Throwing Articles from Buildings", the draft also added that if an article thrown from a building or an article falling from a building causes damage to others, the tortfeasor shall bear tort liability in accordance with law. The person in charge said that in such cases, "the relevant organs should promptly investigate and clarify the responsible person in accordance with the law." At the same time, it also clarifies that "it is difficult to determine the specific infringer after the investigation", and then the provision for compensation by the user of the building that may be harmed shall apply.
Relevant legal experts said that in the past, the relevant laws and regulations on high-altitude parabolism mainly focused on the division of responsibilities. This newly added provision in the tort liability draft shows a clear attitude of the law, that is, to "prohibit the order", which has a strong practical relevance and is very necessary.
"Personal Information Protection" Balance the relationship between rights protection and data circulation
Article 1035 of the Draft Personality Rights Code of the Civil Code clarifies the principles and conditions that should be followed for the collection and processing of personal information of natural persons, and strengthens the protection of personal information. The draft stipulates that the collection and processing of personal information of natural persons shall follow the principles of lawfulness, legitimacy and necessity, shall not be excessively collected and processed, and shall meet certain conditions. Unless otherwise provided by laws and administrative regulations, the natural person or its guardian shall be acquired Agree; the rules for collecting and processing information should be made public; the purpose, method and scope of collecting and processing information should be clearly stated.
How to balance the relationship between rights protection and data circulation is also the focus of outside attention. The relevant person in charge of the Legal Work Commission responded that the draft personality code of the Civil Code adopts the expression of “protection of personal information”, and does not directly use the concept of “personal information right”. An important consideration of this provision is to help properly balance the information subject. The relationship between the benefits of data sharing and utilization of data.
The expression "protection of personal information" not only emphasizes the protection of the interests of the information subject, but also avoids unnecessary misunderstandings, which hinders the sharing and utilization of data and the development of the big data industry in China. The person in charge mentioned that the draft of the personality code in the Civil Code also focuses on balancing the relationship between the interests of information subjects and the sharing and utilization of data.
First, it clarified the principles and conditions to be followed in collecting and processing personal information of natural persons, and strengthened the protection of personal information. The draft stipulates that the collection and processing of personal information of natural persons shall follow the principles of lawfulness, legitimacy and necessity, shall not be excessively collected and processed, and shall meet certain conditions. Unless otherwise provided by laws and administrative regulations, the natural person or its guardian shall be acquired Agree; the rules for collecting and processing information should be made public; the purpose, method and scope of collecting and processing information should be clearly stated.
The second is to clarify that natural persons have the right to consult, copy, copy, correct, and delete their personal information. Information collectors and controllers have the obligation not to disclose, tamper with, or illegally provide personal information to others, and take necessary measures to ensure the safety of personal information. Obligations.
The third is to stipulate a specific situation in which the collection and processing of personal information does not assume responsibility, and promote data sharing and utilization. The draft stipulates that the collection and processing of personal information is carried out within the scope agreed by the natural person or his guardian, or the processing of the information disclosed by the natural person or other legally disclosed information, and the reasonable implementation of the public interest or the legal rights and interests of the natural person , These actions do not bear civil liability.
Automatic renewal of residential construction land use right period
The right to use the construction land I bought has expired, how do I renew it? Do I need to pay? How to pay? These issues have always been the focus of social attention.
On August 27, 2018, the legislation of the Civil Code took the "second step". At the fifth meeting of the Standing Committee of the 13th National People's Congress on the same day, each branch (draft) of the Civil Code was submitted for consideration. Regarding the issue of the renewal of the period of use rights for residential construction land, the draft of the Civil Rights Code of the Civil Code did not make further clarification, but made a principled provision-if the period of use of residential construction land expires, it will be automatically renewed period. The payment or reduction or exemption of renewal fees shall be in accordance with the provisions of laws and administrative regulations.
At the time, Shen Chunyao, director of the Legal Work Committee of the Standing Committee of the National People ’s Congress, explained that in November 2016, the “Opinions of the Central Committee of the Communist Party of China and the State Council on Improving the Property Right Protection System to Protect Property Rights According to Law” proposed that the land use rights for residential construction and other land use rights should be studied Legal arrangements to promote the formation of good and stable expectations for the long-term protection of citizens ’property throughout the society.
According to the relevant work arrangement approved by the Party Central Committee, this work was studied by the relevant department of the State Council. After the proposal was submitted, the State Council proposed a law amendment bill to amend the Urban Real Estate Management Law or Property Law. "At present, relevant departments of the State Council have not formally proposed plans and amendments to the law. After the State Council formally proposed amendments to the relevant laws, they will be further connected." Shen Chunyao said.
The reporter of the Beijing Youth Daily learned that many committee members suggested that the time limit for renewal of the right to use residential construction land, the renewal fee payment standards, methods, and methods, as well as the specific provisions for payment or reduction or exemption, should be clarified.
Some members said that the current relevant laws and administrative regulations do not clearly stipulate how to automatically renew and pay for residential construction land, and increase the relevant content of the civil code. However, the relevant laws and regulations have not been followed up to modify and improve, and may directly Affecting thousands of households' expectations of future burdens. The committee member suggested, “While reviewing the property code of the Civil Code, we will study a package of amendments to the relevant laws and administrative regulations such as the Urban Real Estate Management Law and the Land Management Law, and clarify the time limit for renewal of the right to use residential construction land, the payment standard for renewal fees, Measures, methods, and specific regulations for payment or reduction. "
Defining the common debts of husband and wife during the marriage
"The current marriage law does not specifically stipulate the determination of the couple's joint debt during the marriage relationship." The relevant person in charge of the Legal Work Commission introduced that in 2003 the Supreme People's Court issued a judicial interpretation of the marriage law (2). Article 24 of the interpretation made this issue. Regulations. "In the past few years, all parties have paid more attention to this regulation, which has also caused some controversy."
In January 2018, the Supreme People ’s Court issued the “Interpretation on Issues Relevant to the Application of Law in the Trial of Disputes Concerning Couples’ Debts ”based on opinions from various parties, amending the previous judicial interpretation of the provisions on the determination of joint debts of couples. Some comments suggest that the provisions of the new judicial interpretation are more appropriate, and the draft proposal is absorbed to clarify the scope of the couple ’s joint debt.
The draft Civil Code adopted this opinion. Article 1064 provides that: the husband and wife jointly sign the debt or the husband and wife agree afterwards and other common intentions to express the debts borne, and the spouse in the marital relationship in the name of the individual for the family ’s daily life needs The debts belong to the couple ’s common debt.
A spouse ’s debt that exceeds the family ’s daily needs in the name of the individual during the marital relationship is not a joint debt of the spouse, but the creditor can prove that the debt is used for the spouse ’s common life, joint production and operation, or based on the common intention of the spouse. except.
Provides a "divorce cooling-off period" of one month
"In practice, because the divorce registration procedure is too simple, the phenomenon of rash divorce is increasing, which is not conducive to family stability." The relevant person in charge of the Legal Work Committee of the Standing Committee of the National People's Congress said. The draft civil code for marriage and family provides for a one-month divorce cooling-off period, during which either party can withdraw the divorce application to the registration authority.
It is reported that most of them agreed with this provision in the process of soliciting opinions, believing to be helpful for solving the problem of impulsive divorce and maintaining the stability of marriage and family relations. However, there are also suggestions that in cases of domestic violence, it is not appropriate to provide a cooling-off period for divorce.
According to the relevant person in charge of the Legal Work Commission, we have found that the divorce cooling-off period system is only applicable to divorce by agreement. For domestic violence and other situations, in practice, the divorce is generally prosecuted to the court, and the prosecution of divorce is not applicable to divorce. Cooling-off period. "From what we know, the United Kingdom, France, Russia, South Korea and other countries have stipulated this system."
The right of residence is a kind of usufructuary right, which is the right of the owner of the right of residence to possess and use the residence owned by others. The reporter of the Beiqing Daily learned that the report of the 19th National Congress of the Communist Party of China stated that it is necessary to speed up the establishment of a housing system with multi-subject supply, multi-channel security, and simultaneous rent-purchase, so that all the people can live in it.
In order to implement the requirements of the Party Central Committee, to recognize and protect the flexible arrangements of civil subjects for housing security, and to meet the living needs of specific groups of people, the draft civil code adds a chapter to the “utility rights” section, which specifically stipulates the right of residence, and the right of residence is entitled to The contract stipulates and is registered to occupy and use other people's houses to meet their living and living needs.
The above-mentioned person in charge said, "Residence rights can also be established by way of will. The house obtained by the spouse during the marriage relationship is the common property of the spouse and is owned by the spouse. The residence right system does not apply. The residence belongs to the spouse or the divorce A dwelling owned by one party may establish the right of residence in the dwelling for the other party in the manner prescribed by law. "
This edition / Reporter Meng Yaxu
Memorabilia
Codification of the Civil Code "Two Steps"
The codification of the Civil Code has adopted the "two-step" approach. The first step is to draft the general code of the Civil Code, that is, to formulate the "General Principles of the Civil Law of the People's Republic of China"; the second step is to draft each sub-code of the Civil Code, which is reviewed and revised by the Standing Committee of the National People's Congress from two to three times, and then revised with the Civil Law The general rules are merged into a complete draft civil code, which is submitted to the Congress for consideration and approval.
The compilation of the draft general rules of civil law began five years ago. In March 2015, the Legislative Affairs Working Committee of the Standing Committee of the National People ’s Congress set up a coordinating group for the compilation of a civil code, which was organized by the Supreme People ’s Court, the Supreme People ’s Procuratorate, the Legislative Affairs Office of the State Council, the Chinese Academy of Social Sciences, and the Chinese Law Society. Special class to carry out the compilation of civil code.
2015
Since the start of the compilation of the Civil Code, the Party Group of the Standing Committee of the National People's Congress has repeatedly consulted the Party Central Committee and reported on major issues such as the guiding ideology, basic principles, and structure of the Civil Code. The Party Central Committee agreed in principle to ask for instructions, and made important instructions for doing a good job in the compilation of the Civil Code, providing important guidance and basic compliance for the compilation of the Civil Code.
March 2017
The compilation of the Civil Code has completed the key "first step". The general rules of civil law, which was the opening chapter of the Chinese Civil Code, were voted and approved by the Fifth Session of the Twelfth National People's Congress.
August 2018
The compilation of the Civil Code took the "second step". After the adoption of the General Principles of Civil Law, the special class for the compilation of the Civil Code began the drafting of each sub-series. According to reports, the special class systematically studied the proposals, suggestions and proposals of the NPC deputies and the CPPCC National Committee over the years to revise and improve relevant civil laws, conducted in-depth research, extensively listened to opinions and suggestions from various parties, and formed six subdivisions of the Civil Code The draft was submitted to the five meetings of the Standing Committee of the 13th National People's Congress in August 2018 for consideration.
November 2019
The Constitution and Law Committee reviewed the draft civil code, including the general rules and subdivisions of the Civil Law, and made further amendments, and submitted it to the 15th meeting of the Standing Committee of the 13th NPC in December 2019 for consideration. At this point, the "complete version" of the Chinese Civil Code draft was unveiled for the first time.