of the Civil CodeMeaning

On May 28, 2020, the Third Session of the Thirteenth National People's Congress voted to adopt the the People's Republic of China Civil Code, which will come into force on January 1, 2021.. Civil code means that in countries that adopt written law, a code regulating private law relations between equal subjects;Civil Code in the form of articles, with abstract rules to regulate all kinds of legal acts, identity behavior..

The specific points of the Civil Code are as follows:

General Provisions

Part IThe "General Provisions" set out the basic principles and general rules that must be followed in civil activities and govern the various subdivisions of the Civil Code. The first part basically maintains the structure and content of the current general provisions of the civil law, makes textual changes to individual provisions in accordance with the requirements of the codification system, and moves the "by-laws" section to the end of the draft civil code.

Point one: will"carrying forward the socialist core values" as an important legislative purpose.

Point 2: The basic principles of civil law, such as equality, voluntariness, fairness, integrity, law-abiding and public order and good customs, have been established.

Point 3: Establish the green principle as the basic principle of civil law.

Point 4: The fetus has the right to inherit the estate, accept gifts, etc.

Where the protection of the interests of the fetus, such as inheritance and acceptance of gifts, is involved, the fetus shall be deemed to have the capacity of civil rights. However, if the fetus is dead at birth, its capacity for civil rights does not exist from the beginning.

Point 5: Minors over the age of eight shall be persons with limited capacity for civil conduct.

Point six: emergency guardian no one to take care of, the village neighborhood committee or civil affairs department should arrange care.It is stipulated that due to emergencies such as emergencies, the guardian is temporarily unable to perform his guardianship duties, and the ward's life is in a state of unattended, the neighborhood committee, village committee or civil affairs department of the ward's domicile shall arrange necessary temporary life for the ward Care measures.

Point 7: The protection of data and network virtual property is stipulated in principle.

Point 8: The limitation period for the right to claim damages for sexual abuse of minors shall be calculated from the date when the victim reaches the age of 18.

Title

Real right is an important property right enjoyed by civil subjects according to law. The legal system of real right is one of the most important basic civil systems to adjust the civil relations arising from the ownership and utilization of things. Part IIOn the basis of the current property law, in accordance with the requirements of the CPC Central Committee to improve the property rights protection system, improve the modern property rights system with clear ownership, clear rights and responsibilities, strict protection and smooth circulation, and further improve the legal system of property rights in combination with practical needs.

Point one: to strengthen the protection of the rights of building owners. Appropriately lower the threshold for the owners to make a resolution, and make it clear that the proceeds generated by the common part belong to the owners.

Point 2: it is clear that the relevant departments of the local government and the residents' committee shall give guidance and assistance to the establishment of the owners' assembly and the election of the owners' committee.

Point 3: Add special procedures for the use of maintenance funds in emergency situations.

Point 4: The collection and use of funds for the maintenance of buildings and their ancillary facilities shall be published regularly.

Key point five: add the relevant behavior of the owner should meet the requirements of saving resources and protecting the ecological environment.

Point 6: Increase in the cause of expropriation of the real or movable property of an organization or individual."Epidemic prevention and control".

Point 7: Add provisions that property service companies or other managers should implement emergency response measures and other management measures implemented by the government in accordance with the law, and actively cooperate with related work, and owners should cooperate in accordance with the law.

Point 8: If the term of the right to use residential construction land expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations.

Point nine: increase the provisions of the right of residence. It is clear that the right of residence is established free of charge in principle, and the holder of the right of residence has the right to occupy and use the residence of others in accordance with the contract or will, so as to meet his stable living needs.

Point 10: The lost property shall be unclaimed within one year from the date of the announcement of the claim and shall be owned by the state.

Contract Compilation

The contract system is the basic legal system of the market economy. Part IIIOn the basis of the current contract law, the "contract" implements the spirit of comprehensively deepening reform, adheres to the maintenance of contracts, equal exchange and fair competition, promotes the free flow of goods and elements, and improves the contract system.

Point 1: Contracts established in accordance with the law are protected by law.

Point 2: Improve the rules for the formation of electronic contracts and add specific provisions for appointment contracts.The system of contract formation, such as the format clause system, has been improved.

Point 3: Improve the national order contract system.

Provisions for the State to issue State ordering tasks and mandatory plans in accordance with emergency rescue and disaster relief, epidemic prevention and control or other needs.A contract shall be concluded between the relevant civil subjects in accordance with the rights and obligations stipulated in the relevant laws and administrative regulations.

Point four: increase the provisions of the situation change system.

Point 5: Add the provisions of the property service contract, and make it clear that the property service person shall not stop the power supply, water supply, heating, gas supply and other ways to urge the payment of property fees.

Point six: in the property service area in violation of fire laws and regulations, the property service person should be stopped.

Point 7: It is clearly stipulated that usury lending is prohibited, and the interest rate of borrowing shall not violate the relevant provisions of the state.

Point 8: Increase the provision that the lessee of the house has the right of priority lease.

Point 9: It is stipulated that if the lessor sells the leased house, the lessee shall have the right of priority purchase, except where the house is exercised by the co-owner or the lessor sells the house to a close relative.

Point ten: passenger transport contract pair"Passenger seat" "grab the steering wheel" and other issues to respond.

Point 11: Increase in the case of an irrevocable gift"Helping the disabled".

Point 12: If the party providing the format clause fails to perform its obligation to prompt or explain, resulting in the other party failing to pay attention to or understand the clause in which it has a material interest, the other party may claim that the clause does not become the content of the contract.

personality right editor

The right of personality is the right of the civil subject to its specific personality interests, which is related to the dignity of each person, and is the most basic right of the civil subject. Part IVOn the basis of the current relevant laws and regulations and judicial interpretations, "personality rights" stipulates the content, boundaries and protection methods of the personality rights of natural persons and other civil subjects from the perspective of civil legal norms, and does not involve citizens' political and social rights.

Point 1: Regulations"Sexual harassment" identification standard, that is, against the wishes of others, by words, words, images, physical behavior and other means of sexual harassment of others, the victim has the right to request the perpetrator to bear civil liability in accordance with the law.

Point 2: The obligation of institutions, enterprises, schools and other units to prevent and stop sexual harassment.

Point 3: Provisions that personality rights may not be waived, transferred or inherited.

Point four: provides for the protection of the interests of the personality of the deceased.

If the name, portrait, reputation, honor, privacy, body, etc. of the deceased are infringed, his spouse, children, and parents have the right to request the perpetrator to bear civil liability in accordance with the law; if the deceased has no spouse or children and the parents have died, other close relatives have the right According to law, request the perpetrator to bear civil liability.

Point 5: Clearly define the way of relief after the infringement of personality rights.

Point 6: The protection of the identity rights of natural persons arising from marriage and family relations shall apply to the relevant provisions of Part I, Part V of this Law and other laws; if there are no provisions, refer to the relevant provisions on the protection of personality rights in this Part.

Point 7: Establish the basic rules of organ donation.

Point 8: it is clear that those engaged in medical and scientific research activities related to human genes and human embryos shall abide by laws, administrative regulations and relevant provisions of the state, and shall not endanger human health, violate ethics and morality, and shall not harm the public interest.

Point 9: Prohibition of the use of information technology means"Deep forgery" infringes on the portrait rights of others.

Point 10: The protection of the voice of natural persons refers to the right of portrait.

Point 11: Defines the definition of privacy and sets out specific acts that prohibit infringement of the privacy of others, that is, privacy is the private life of natural persons and private spaces, private activities, and private information that are not known to others.

Point 13: The collection and use of personal information such as minors shall be subject to the consent of the guardian.

Point 14: State organs, statutory bodies with administrative functions and their staff have the obligation to protect the privacy and personal information of natural persons.

Point 15: The provisions on the limitation of action shall not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore the reputation and claim an apology.

Point 16: Natural persons have the right to a nameThe right to decide, use, change or permit others to use their own names in accordance with the law, but shall not violate public order and good customs.

Marriage and Family

The marriage and family system is the basic criterion for regulating the relationship between husband and wife and family. Part V"Marriage and family" is based on the current marriage law and adoption law, and on the premise of adhering to the basic principles of freedom of marriage and monogamy, and taking into account the needs of social development, some provisions have been revised and improved, and new provisions have been added.

Point 1: Regulations"Marriage and the family are protected by the State".

Point two:"Establish a good family tradition, promote family virtues, and attach importance to the construction of family civilization" into the law.

Point three: cancel the implementation of family planning related provisions.

Point 4: DefineThe scope of "relatives", "close relatives" and "family members.

Point five: add provisions most conducive to the principle of adoptees.

Point 6: No more"Suffering from a medical illness that is not considered medically desirable" as a prohibition on marriage.

Point 7: If one party suffers from a major illness, it shall truthfully inform the other party before the marriage registration; if it fails to truthfully inform, the other party may request the people's court to cancel the marriage.

Point 8: If the marriage is due to coercion, the coerced party may request the people's court to cancel the marriage.

Point 9: The starting point of the request for revocation of the coerced marriage is"from the date of termination of the coercive act".

Point 10: Add provisions that the marriage is invalid or revoked.The no-fault party has the right to claim damages.

Point 11: Add the right of husband and wife's family agency.

Point 12:"Other remuneration for services" "The proceeds of investment" also belong to the joint property of the husband and wife.

Point 13: Clarify the scope of the joint debt of the husband and wife.

Point 14: In two cases, the joint property of the husband and wife may be divided within the marriage.

Point 15: Regulate the confirmation and denial of parent-child relationship.

Point 16: Increase the 30-day cooling-off period for registered divorce.

Point 17: Both parties have been separated for one year and one party sues the divorce court again for divorce.

Point 18: For children under two years of age, the principle is to be directly raised by the mother.

Point 19: For children who have reached the age of two, if the parents fail to reach an agreement on the issue of support, the judgment shall be made in accordance with the principle of being most beneficial to the minor children. If a child has reached the age of eight, his true will shall be respected.

Point 20: Divorce property division increases the principle of taking care of the no-fault party.

Point 21: Divorce compensation relief is no longer limited"Under the separate property system".

Point 22: Improve the divorce compensation system to increase"Other major mistakes.

Point XXIII: EligibleMinors under the age of 18 may be adopted.

Point 24: Adopters without children may adopt two children; adopters with children may adopt only one child.

Point 25: Adoptee Needs"No criminal record that is detrimental to the healthy growth of the adopter".

Point 26: Adoption of children of the opposite sex by persons without a spouse must differOver 40 years of age.

Point 27: Adoption of minors over eight years of age requires my consent.

Point 28: Add provisions that civil affairs departments should conduct adoption assessments in accordance with the law.

Inheritance

Inheritance system is the basic system about the inheritance of wealth after the death of natural person. Part VI"Inheritance" modifies and improves the inheritance system on the basis of the current inheritance law to meet the practical needs of the people in dealing with heritage.

Point 1: Add an inheritance rule that stipulates that several people in a mutual inheritance relationship die in the same event and that it is difficult to determine the time of death.

Point two: improve the system of forgiveness for heirs.

Point 3: Improve the system of subrogation inheritance, that is, nieces, nephews, nephews, nieces, can be subrogation inheritance.

Point four: increase printing, video and other new forms of wills.

Point 5: Amend the rules on the validity of wills and delete the provisions of the current inheritance law on the priority of the validity of notarized wills.

Point 6: Increase the system of estate managers.

Point 7: Improve the system of bequest support agreements, and make it clear that organizations or individuals other than heirs can become dependants.

Point 8: Clearly owned by the State, the inheritance of no one shall be used for public welfare.

Tort Liability

Tort liability is the legal consequence that the civil subject infringes on the rights and interests of others. Part VII"Tort liability" on the basis of summing up practical experience, in view of the new situation in the field of infringement, absorbing the relevant provisions of judicial interpretation, the tort liability system has made the necessary supplement and improvement.

Point 1: EstablishThe "self-risk" rule.

Provisions for voluntary participation in recreational and sports activities with certain risksIf the damage is caused by the actions of other participants, the victim may not claim tort liability from other participants who have not intentionally or grossly negligent.

Point two: provisions"Self-help behavior" system.

Point three:"Nutrition fee" and "hospital food subsidy" are clearly listed as personal injury compensation items.

Point 4: Improve the system of compensation for mental damage. It is stipulated that where serious mental damage is caused by intentional or gross negligence infringement of a natural person's personal significance, the infringed person has the right to claim compensation for mental damage. .

Point 5: Improve the rules of fair liability. If neither the victim nor the perpetrator is at fault for the occurrence of the damage, the loss shall be shared by both parties in accordance with the provisions of the law.

Point 6: Increase the tort liability of entrusted guardianship, that is, if the guardian entrusts the guardianship duty to another person, the guardian shall bear the tort liability.

Point 7: Increase the requirement that producers and sellers who recall defective products should bear the necessary expenses incurred by the infringed.

Point 8: non-operating motor vehicles free of charge caused by damage should be reduced liability, but the motor vehicle user has intentional or gross negligence.

Key point 9: further protect the patient's right to informed consent, clarify the relevant explanation obligations of medical personnel, and strengthen the protection of patient privacy and personal information by medical institutions and their medical personnel.

Point ten: improve the ecological environment damage liability. The system of punitive damages for ecological and environmental damage shall be added, and the system of restoration and compensation for ecological and environmental damage shall be clarified.

Point 11: Improve the rules for the management of high-altitude throwing objects.

The regulations prohibit throwing items from buildings, emphasize that public security and other agencies should investigate in a timely manner in accordance with the law, find out the responsible person, and stipulate that building managers such as property service companies should take necessary safety measures to prevent such acts from happening.

Point 12: it is clear that if the collapse or collapse of buildings, structures or other facilities causes damage to others, the owner, manager, user or a third party shall bear tort liability.