The general principles of civil law and development of Chinese civil law

In the article, the author considers new provisions of the general part of the civil law of the \nPRC in the context of the development of the civil legislation of China. The adoption of the \nlaw “General Part of the Civil Law of the People’ s Republic of China” marks the first step in \ndrafting the Chinese Civil Code and codified civil legislation in general. This law introduced \nmany changes in the system of the source of law, the protection of civil rights, interests of \nindividuals and legal entities. For example, it was adopted new regulations of the subject of \ncivil law, actions by which civil rights and duties, representations, statute of limitations, civil \nliability are acquired. In the field of a status of a subject of civil law, the law provides that organizations \nwithout the rights of legal entities are new civil entities that do not own the status \nof legal entities, but in accordance with the law on its own behalf engage in civil activities. The \norganization without the rights of legal entities includes three types: sole companies, partnerships, \nprofessional services organizations without the status of legal entities. The law provides \nfor the unification of civil and commercial law and the content of commercial law should be \nincluded in the Civil Code, however, for the time being, in addition to mentioning a commercial \nlegal entity, in other provisions the trend is not traced. In addition, it is necessary to \nfurther enhance legislative machinery and improve the legal language. In many countries and \nregions, Civil Codes are treated on the same level as the Declaration of Human Rights — as \na picture of the national spirit. France, Germany, Russia, Japan and other large countries, have \nadopted their own unique national civil code. China still does not have a full Civil Code, and \nthe publication of the law “General part of the civil law of the PRC” is an important step in \ndrafting the “Civil Code of the PRC”. In the process of developing the law, the “Civil Code of \nthe PRC” must reflect the basic requirements of Chinese social and economic development, \nthe Chinese legislative bodies, judicial bodies, academics should support closer interaction \nand cooperation.