(Two Meetings · Watch Code) From birth to grave, how does the Civil Code create "full-time protection"?
China News Agency, Beijing, May 23 (Reporter Liang Xiaohui) The essence of man is the sum of all social relations. A person who has fallen into the ground naturally has a relationship with society and will be included in the scope of legal protection.
Among them, civil law may be one of the first laws he came into contact with and provided "full-time protection" for his life. In the civil code that China is compiling, the beginning of citizens ’protection may be more advanced. At present, the draft civil code is being submitted to the Third Session of the 13th National People's Congress for deliberation.
We might as well look at the rights protection net to be woven for every Chinese citizen from the life of a person.
"Involving the protection of fetal interests such as inheritance of inheritance and acceptance of gifts, the fetus is considered to have civil rights." The draft of the Civil Code added a new regulation to the "natural person" chapter of the general regulations to move a person's protection starting point to the fetal period .
Not only that, the draft also clarifies the personality rights: "People engaged in medical and scientific research activities related to human genes, human embryos, etc. should abide by laws, administrative regulations and relevant national regulations. They must not endanger human health, violate ethics, and must not Damages the public interest. "This not only draws a red line for hotspot gene editing in recent years, but also provides legal protection for a life from the beginning.
From the birth of the fetus, the draft civil code is regarded as "capable of civil rights, enjoy civil rights and bear civil obligations according to law", and will officially begin to accept "full-time protection" of the civil code until death. In his life, the draft civil code will be divided into several moments with a "ritual sense" of the law.
——Eight years old. The draft stipulates that: minors under eight years of age are persons with no capacity for civil conduct, and their legal agents shall act as agents to carry out civil legal acts.
In layman's terms, children over the age of eight can "help soy sauce at home."
——Sixteen years old. The draft stipulates: minors over the age of 16 who take their labor income as the main source of living shall be regarded as persons with full civil capacity.
-Eighteen years old. The draft stipulates that natural persons over the age of 18 are adults. Natural persons under the age of 18 are minors. Adults are persons with full capacity for civil conduct and can independently carry out civil legal acts.
This regulation is consistent with the laws currently in force in China and the regulations of most countries in the world. But for minors, the draft strengthens protection. For example, the draft stipulates that the period of limitation of claims for damages for minors who have suffered sexual assault shall be calculated from the date when the victim reaches the age of 18.
In reality, in some cases of minors being sexually assaulted, because the minors' minds are not yet fully mature, many minors even dare not seek protection through the law. After reaching adulthood, seeking legal remedies often exceeds the time limit for litigation. In order to solve this problem, the draft civil code makes the above-mentioned provisions in a targeted manner.
The draft Civil Code also makes provisions for marriage and family life, such as clarifying the legal age of marriage, establishing a new divorce cooling-off period, etc., and stipulating the adoption relationship and maintenance relationship.
As a person grows up, the relevant rights such as the property rights he enjoys, the contract abandonment encountered in the production and operation, and the possibility of infringement in his life can be found in the corresponding subsections of the draft.
It is worth noting that the draft Civil Code also provides for a separate set of personality rights and specifically protects privacy rights more closely. For example, it is clear for the first time that "Privacy is the tranquility of the private life of natural persons and private spaces, private activities, and private information that are unwilling to be known to others."
Especially in the current Internet era, in response to the frequent disclosure of personal information and privacy in the society, the draft clearly states that it is not allowed to invade the private life of others by telephone, SMS, instant messaging tools, e-mail, flyers, etc .; Shooting, peering into private spaces such as other people's houses, hotel rooms, etc.
When a person enters old age and begins to consider issues such as inheritance of inheritance, the draft succession editor gives corresponding follow-ups, making legal inheritance, testamental inheritance, inheritance treatment, etc. in line with realistic regulations. Until death, the draft of the Civil Code stipulates that if a natural person has one of the following circumstances, the interested person may apply to the people's court to declare the natural person's death: the unaccounted for four years; the unaccounted for two years.
The deceased ’s reputation is also protected by the Civil Code. The draft stipulates that if the deceased ’s name, portrait, reputation, honor, privacy, body, etc. are infringed, his spouse, children, and parents have the right to request the perpetrator to bear civil liability according to law; the deceased has no spouse, If the child is dead and the parents have died, other close relatives have the right to request the perpetrator to bear civil liability according to law.
From "birth" to "grave", in the "full-time rights protection" of the Civil Code, a natural person will go through his life. (Finish)