(Chinese Focus Face to Face) The Civil Code "has come", how will the new regulations affect the future?
China News Service, Beijing, January 1st, title: The Civil Code "has come", how will the new regulations affect the future?
——Interview with Sun Xianzhong, member of the Constitution and Law Committee of the National People's Congress
China News Agency reporter Liang Xiaohui
The "Civil Code of the People's Republic of China" was officially implemented on January 1. This is China's first law named after the code. It is also known as the encyclopedia of social life. A series of Chinese people's marriage, residence, online life, and even how to name it The new regulations of China are also officially implemented.
How to treat these new regulations?
How to understand the meaning behind these changes?
Sun Xianzhong, a member of the Constitution and Law Committee of the National People's Congress, and an authoritative expert who participated in the entire process of civil code legislation, accepted an exclusive interview with China News Agency "China Focus Face-to-face" for authoritative interpretation.
Excerpts from the interview are as follows:
China News Agency reporter: China now has more than 300 laws in force and more than 20 laws involving civil and commercial matters. Why do we need to establish another civil code?
Sun Xianzhong:
Simply put, there are three aspects of value.
The first is because more than 20 laws in the past were scattered and unsystematic.
Almost all countries in the world have civil codes, and we are fragmented laws.
The first advantage of the civil code legislation is to codify these laws together to make the internal system of the law more coordinated.
The second is to enhance the modernity of the law itself.
This (department) law is the law that mankind entered the Internet age and information age, and the previous laws rarely took care of these issues.
The civil code that we have now formulated, which stipulates the issue of data assets, especially the issue of privacy protection under the conditions of a modernized information society, actually meets the requirements of modernization.
The third is to make up for the shortcomings of the original laws and legislation.
Some of our laws in the past, such as the General Principles of Civil Law, were formulated in the era of planned economy. In many aspects, the investment system and the people's rights system did not conform to the market economy system and the basic requirements of people's rights. Even the "Contract Law" has this. Defects.
Through this new legislation, these system shortcomings have been made up for.
Therefore, the Civil Code can be said to have achieved a great leap and update in terms of ideology, technology, and system. This is its meaning.
"Civil Code of the People's Republic of China."
Photo by Wang Shanshan
China News Agency reporter: For a country, the civil code is very important. You have quoted Napoleon many times before, saying that his life's merits are not how many victories he fought, but that he formulated the civil code for France. Why do you say that?
Sun Xianzhong:
This is a good story in the history of the legal system.
Before the compilation of the French Civil Code, France had more than 50 provinces and more than 400 legal systems in the field of civil law.
So Voltaire said at the time that the place where you got on the horse (traveling on horseback) was a legal system, and the place where you got off the horse was (yes) another legal system. Changing laws is more complicated than changing horses frequently.
The legal system is not unified, how does the national economy develop?
This remark stimulated Napoleon a lot.
After Napoleon came to power, he was determined to work out the civil code and promote social progress.
He used systematic laws to achieve the unification of French market rules.
Although there are laws before the French Civil Code, they are not as influential as the French Civil Code.
From now on, we can learn a lot from (this) code.
Sun Xianzhong, a member of the Constitution and Law Committee of the National People's Congress, and an authoritative expert who participated in the entire process of civil code legislation, accepted an exclusive interview with China News Agency "China Focus Face-to-face" for authoritative interpretation.
Photo by China News Agency reporter Zhang Xinglong
China News Agency reporter: For ordinary people, why is this civil code important?
Sun Xianzhong:
The term "civil law" (at first hearing) seems to have something to do with the common people. It really is.
Every one of us is a civil subject at birth, and we must engage in civil life throughout our lives.
First of all, as soon as you are born, there is a relationship between your parents and children. You are the child of others and have a legal relationship with your parents.
When you go to school or kindergarten, you may have a legal relationship with the school.
When you start working in the future, you have a legal relationship with your employer.
If you want to start a business yourself, you may have the right to start a business.
Married, there is a husband and wife relationship, a family relationship, and if you have your own children, then you have a family relationship with children.
Therefore, a person can not participate in political activities throughout his life, such as not participating in voting or (participating) elections, but you cannot do without the civil law, and all the relationships in the civil law are naturally joined by you.
So for the common people, its significance is very important.
On February 14, 2020, in Chengdu, Sichuan, a couple are registering their marriage at the marriage registry of the High-tech Zone.
(Data map) Photo by China News Agency reporter Liu Zhongjun
Reporter from China News Service: Speaking of specific provisions, many people are concerned that some hot spots in the society are related to renting. Are there relevant regulations in the Civil Code to protect everyone's renting safety?
Sun Xianzhong: The
issue of renting houses is clearly stipulated in the "lease contract" of the Civil Code, and the interests of the lessee should be strengthened.
The most important one is the right to terminate the contract. The Civil Code clearly stipulates that it is forbidden to withdraw the lease at will, and it is forbidden to terminate the lease at will. It is necessary to give the other party a (certain) notice period to give people enough time to prepare.
These issues are clearly defined.
On December 15, 2020, in Taiyuan, Shanxi, citizens pass by before a top building.
Photo by China News Agency reporter Zhang Yun
Reporter from China News Service: We are also concerned about some new regulations that may seem to be very "trivial". For example, the civil code also protects well-known online names. What are the reasons for this?
Sun Xianzhong:
Sometimes when we see some names on the Internet, we will naturally think of someone. This screen name becomes specific, which is equivalent to his legal name.
After the network name is confirmed, it is related to the social value it represents and embodies. Therefore, it is meaningful for us to protect it as a special type of personal name rights.
This is one of the highlights in our civil code.
China News Service reporter: The Civil Code stipulates the protection of virtual property on the Internet. But people often joked: "Who will return my'huabai' after I die?" As for the issue of digital heritage, the Civil Code seems to have not paid attention to it. What are the reasons for this?
Sun Xianzhong:
Article 127 (Internet) provisions on virtual property and data assets are a great progress in our society.
Data assets are actually real money, but they are not like banknotes in our hands or transformed into real movable or real estate. They really exist in another space, like assets on WeChat, Alipay, or others. assets.
This provision of the Civil Code is very meaningful.
Why didn't you write it in more detail?
We also had discussions during the legislation, but it was difficult for everyone to reach consensus.
So leave these issues to future legal regulations.
Virtual property, the situation is more complicated.
First of all, some of the virtual property may be property, but some may not be property.
Property is a real existence, such as "Huabe", it is real property, but some people play games, a big sword and spear (game equipment) may not be an asset, but only the achievements accumulated when playing (game) , This can not be consumed, it may just be a spiritual hobby.
So we need to distinguish more carefully.
We look forward to further development of these issues in future legislation.
Although we have entered the (digital) society, it is really difficult to sum up a set of systematic rules for the problems in these fields.
But the law can stipulate it first, which is good and reveals a future.
On December 1, 2016, Taiyuan, Shanxi, people are using mobile phones to pay.
(Data map) Photo by China News Agency reporter Zhang Yun
China News Agency reporter: There is another very realistic example that makes us feel that "the future has arrived". Everyone nowadays is generally "swipe your face in ten steps, and scan the code in five steps". Does the Civil Code provide for the protection of personal privacy (while providing convenience)?
Sun Xianzhong:
There are provisions in the Civil Code.
The provisions of the Civil Code are closely related to the Personal Information Protection Law (draft) that is currently being reviewed by the Standing Committee of the National People's Congress.
We have entered the information society, and the information society is like a "double-edged sword". On the one hand, it brings great convenience to the lives of the people, and on the other hand, it also increases the possibility of personal information being violated.
This is something I have not met before, and both issues must be considered.
For example, "scan face".
I read a document saying that some people have to "scan their faces" when going to the toilet, which is unnecessary. This involves the problem of excessive collection of personal information.
In addition, improper use of information, or even betrayal for resale, poses a great risk to ordinary people.
Therefore, we must increase protection in the process of personal information collection, control, and use.
The Civil Code carefully considers these situations.
But to be honest, the Civil Code only solves the problem of legal relief after personal information is infringed. For the protection of more personal information, we still have to wait for the (promulgation) of the Personal Information Protection Law.
In the future, we will build a big data society. Both the Civil Code and the draft of the Personal Information Protection Law stipulate that the use of personal information requires the elimination of personal characteristics, so that it is not personal information. This problem is basically solved.
Sun Xianzhong, a member of the Constitution and Law Committee of the National People's Congress, and an authoritative expert who participated in the entire process of civil code legislation, accepted an exclusive interview with China News Agency "China Focus Face-to-face" for authoritative interpretation.
Photo by China News Agency reporter Zhang Xinglong
China News Agency reporter: The vitality of the law lies in its implementation. Many laws have some clauses that may be difficult to use. Everyone calls them "zombie clauses". Are there any "zombie clauses" in the Civil Code?
Sun Xianzhong:
From my analysis and research, there should not be a "zombie clause" in the Civil Code.
The "zombie clause" may exist in the criminal law, and it may set up a crime. It has appeared in foreign countries, but it has not appeared in China, so this clause has never been used.
However, the civil law is different from the criminal law. The biggest difference is that the criminal law is used by the procuratorate, courts, and public security organs, and ordinary people do not use it. Many norms in the civil law are behavioral norms, not courts, procuratorates, or the government. , But the people use it by themselves. This is precisely the characteristic of civil law, because civil law often involves the parties themselves actively applying the law.
Therefore, there may be clauses in the civil law that are useless by the courts and procuratorates, and the people themselves use them, so we cannot say that there are "zombie clauses."
China News Service reporter: From your expression, you can see that you have a special feeling for the Civil Code. We also want to know, as a participant in the whole process, what are the most memorable moments in the Civil Code (during the formulation process)?
Sun Xianzhong:
After being a
deputy
to the National People’s Congress, I have proposed the compilation of the Civil Code for several years in a row. Later, the Central Committee decided to compile the Civil Code. I saw this document. It should be done at the Fourth Plenary Session of the 18th Central Committee on October 23 (2014). I was very excited about the decision.
Because my motion also played a role in the middle.
In the process of civil code legislation, I was not a member of the Constitution and Law Committee at the time. I was just a general representative and was invited to participate in the discussions of the Standing Committee.
I was very excited when I was speaking. I saw that many parts of the (draft) were designed by myself and many articles were very familiar.
Another time was when the Civil Code was passed at 15:15 on May 28 (2020), everyone stood up and applauded.
The representatives of our Chongqing delegation came over and shook hands with me.
After coming out of the Great Hall, many people saw me, including comrades from the Supreme Court and the Procuratorate, (also) coming over to shake hands with me.
I can't forget these links until now, and I'm still very excited and happy when I think of it.
(Finish)