On May 22, the first "Delegation Channel" interview event of the Third Session of the 13th National People's Congress was held, and some NPC deputies were interviewed by the media through online video.
Legal System Daily media reporter: My question is to ask Xiao Shengfang. At this morning's meeting, the draft civil code that has received much attention will be submitted for consideration. We noticed that you are a lawyer. As a representative of the National People's Congress, how did you participate in the legislative work of the Civil Code? Also, how will this first law with the word "dian" in New China affect the lives of ordinary people? What kind of changes?
Xiao Shengfang, deputy of the National People's Congress and chairman of the Guangdong Bar Association: The draft of the Civil Code will be reviewed soon. This is the first code of New China. . Especially since the codification work was restarted in 2014, the National People's Congress has solicited opinions from the entire society on scientific and democratic legislation. I personally submitted 170 amendments in five stages at different stages of legislation. I am glad that some opinions have been adopted.
Xiao Shengfang: Civil law is the mother of all laws, and the civil code is called the encyclopedia of social life, which is related to all aspects of people's lives. For example, among all the cases undertaken by the law firm where I work, more than 90% of the cases are civil and commercial cases. Next, I would like to use the case of parabolic high-altitude to talk about the changes that the Civil Code will bring to us.
Xiao Shengfang: In recent years, high-altitude parabolic incidents have occurred from time to time, becoming "pain over the city." Two years ago, my colleague represented a case in which a woman was hit by a brick falling from a height and killed. Since the culprit could not be found, the family notified the owners and property companies above the second floor to the court. According to the law of tort liability, the court of first instance ruled that 100 owners and the property company jointly compensate 900,000 yuan. Many owners feel particularly wronged. They complain that the bricks were not thrown by me. Why should I pay? This helpless act of joint responsibility has indeed caused a lot of controversy and also aroused my concern and thinking. In the revision of the draft Civil Code, I made a special discussion on this.
Xiao Shengfang: This draft finally stipulates that the relevant authorities should promptly investigate the high-altitude parabola and find out who is responsible. Property companies must also take the necessary security measures. After the relevant agencies intervene in the investigation, they are often able to identify the perpetrators. In this way, the occurrence of such cases as "one person throwing objects and paying the whole building" can be greatly reduced. In addition, because the responsibilities are clarified, the property company will also be more proactive in taking preventive measures to protect the safety above the head from the source.
Xiao Shengfang: In addition to the above example, the draft civil code also regulates some other issues that are hot and difficult in society. For example, the protection of personal information, the regulation of property services, the prohibition of loan sharks and the prevention of high-speed rail domination. Especially since the outbreak of the epidemic, some new situations have emerged, and the Civil Code has made necessary adjustments in a timely manner.
Xiao Shengfang: As the saying goes, there is a call from the people, and I have a response. Therefore, the civil code is actually a people's code. The Civil Code is a legislative expression of the national spirit and the spirit of the times, and is a declaration of people ’s rights. I believe that with the promulgation and implementation of the Civil Code, our people will be fully protected in all aspects of property rights, contracts, personality, marriage, family and inheritance, and our economic and social development and the happy life of the people will also Get stronger legal guarantee.
(Organized according to the webcast text)