About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

17 US-China L. Rev. 317 (2020)
The Civil Code of People's Republic of China: Major Features and Contributions to the World

handle is hein.journals/uschinalrw17 and id is 316 raw text is: 




US-China Law Review, August 2020, Vol. 17, No. 8, 317-330
doi: 10.17265/1548-6605/2020.08.001
                                                                                                    PUBLISHING



       The Civil Code of the People's Republic of China: Major


                     Features and Contributions to the World*




                                                  LI Shaohua
                        Party School of Wuhan Municipal Party Committee of CPC, Wuhan, China

                                                  XIAO   Peng
                              Zhongnan University of Economics and Law, Wuhan, China


       After decades of preparation, China ultimately enacted the Civil Code of the People's Republic of China, and this

       Code exerts significant influence on the international community. The Code is distinguished from civil codes of

       other countries by its philosophy of codification, structure, systems, principles, and specific provisions. Revolving
       around civil rights stipulated in the Civil Code, this article selects and analyzes a portion of provisions to throw
       light on the real right system's characteristics of the era and of China. This paper aims to underline the importance

       of laying special emphasis on maintaining personal dignity, and discuss the necessity of actively adapting laws for
       the development of extensive IT application. This paper sets forth how the part on contracts functions as general
       provisions of the part on the law of obligations and how the part on tort liability protects all the rights enshrined in

       the preceding six parts, as well as the ensuing advantages. This paper also clarifies the features of the Civil Code,
       and summarizes the unique contributions made by the Civil Code to the world.

       Keywords: Civil Code, real rights, personality rights, contracts, tort liability


                                                Introduction

     On  May  28, 2020,  the Civil Code  of the People's Republic  of China  (hereafter referred to as the Civil
Code)  was passed  at the third session of the 13th National People's Congress. The Civil Code  is comprised of
1,260  articles in seven parts, namely, general provisions, real rights, contracts, personality rights, marriage and
family, succession and tort liability, as well as supplementary provisions. The Civil Code is the first Chinese law

that is titled code after the People's Republic of China (PRC) was founded. It blazes a trail in the field of code

codification in China, and  therefore is widely acclaimed  as a milestone  in the development   of China's legal
system.'



* Acknowledgements:  This research is supported by the General Research Funds of the 2019 Hubei Provincial Plan for
Education Sciences (Grant Number 2019GB012) and the Fundamental Research Funds for the Central Universities (Scientific
Research Cultivation) Class C, Zhongnan University of Economics and Law (Grant Number 73).
  LI Shaohua, Ph.D. in Law, editor in charge, Party School of Wuhan Municipal Party Committee of CPC, Wuhan, China.
  XIAO  Peng, Corresponding author, Ph.D. in Law, associate professor, School of Foreign Studies, Zhongnan University of
Economics and Law, Wuhan, China. E-mail: xiaopeng@zuel.edu.cn.
1 Explanatory notes to the Civil Code of the People's Republic of China (draft) made by Wang Chen, vice chairman of the
National People's Congress Standing Committee at the third session of the 13th National People's Congress on May 22, 2020.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most