The Route that a Country with Legality Must Go——Several Questions in Compiling the Civil Code of People's Republic of China (Draft)

The way to construct a socialist country with legality is to enact a civil code. Tocompile a civil code has been advanced in the reports of the Ninth Standing Committee of National People's Congress. In Oct. 2002, the department of Commission of Legislative Affairs in charge of civil law made the first draft of the Civil Code on the basis of the existing civil laws and Jus Rerem. The draft is made in nine parts. From the work of compiling the draft of the Civil Code in this year, the controversies focused on the stylistic rules and layouts of the draft of the Civil Code, which need to be settled imminently. The topics of the controversies are whether to put intellectual property right and the legal application of the civil relations concerning foreign affairs into the draft of the Civil Code, and whether the right of personality and the general principles of law of obligation shall be compiled in a separate part in the draft of the Civil Code.