The Review and Outlook of China Civil Code Constitution
Liming Wang
Abstract
Liming Wang
Abstract
The attempt of compiling Civil Code had been carried on for three times after the establishment of the People's Republic of China .The adopt of Civil Law General Principles in 1986, whose systems and institutions have laid a solid foundation for the construction of the system of our future Civil Code, is a milestone in the history of our civil legislation. The issue for enforcement of our Real Right law and the Constituting of Tort Liability Law is a important step of Civil Code compilation. Civil Code draft should be based on China's realities, summarize the experience of our legislation and judicature, reflect the objective needs of the socialist market economy and social life. It should not only use the overseas advanced experience and outstanding legal culture for reference but create it new. The construction of our future Civil Code content and system ought to take legal relation as the hub, so the general part should comprise the facts of legal relation, such as subject, object, legal act, and responsibility, and the legal relation content be the core of the specific provisions, which contains volumes like as Personality Right, Domestic Relation Law, Inheritance Law, Real Right, General Debt Law, Contract Law, Liability Law and so on.
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The attempt of compiling Civil Code had been carried on for three times after the establishment of the People's Republic of China .The adopt of Civil Law General Principles in 1986, whose systems and institutions have laid a solid foundation for the construction of the system of our future Civil Code, is a milestone in the history of our civil legislation. The issue for enforcement of our Real Right law and the Constituting of Tort Liability Law is a important step of Civil Code compilation. Civil Code draft should be based on China's realities, summarize the experience of our legislation and judicature, reflect the objective needs of the socialist market economy and social life. It should not only use the overseas advanced experience and outstanding legal culture for reference but create it new. The construction of our future Civil Code content and system ought to take legal relation as the hub, so the general part should comprise the facts of legal relation, such as subject, object, legal act, and responsibility, and the legal relation content be the core of the specific provisions, which contains volumes like as Personality Right, Domestic Relation Law, Inheritance Law, Real Right, General Debt Law, Contract Law, Liability Law and so on.
Key concepts: Civil code, Law, Civil law (Civil law), Political science, Tort, Legal liability, Public law, Legislation