2008•Legal ForumRequires access

The Review and Outlook of China Civil Code Constitution

Liming Wang

Open publisher page 0 citations

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.

About this research paper

What this paper is about

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.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available 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.

Key concepts: Civil code, Law, Civil law (Civil law), Political science, Tort, Legal liability, Public law, Legislation

Related papers

Back to paper searchBrowse research topicsOriginal source
The Review and Outlook of China Civil Code Constitution — Research Paper | ScholarLens