Draft Proposal of the Civil Code of China

Author: Liang Huixing
Publisher:
Publish Date: 2005-02-01
Features: The draft, based on a thorough review of legislative and judicial experiences since the reform and opening-up, closely aligns with the realities of Chinese social life. It extensively references and draws upon the legislative experiences and case law doctrines of developed countries and regions, aligning with the trends of social progress and legal development while ensuring coordination with international conventions and practices. In terms of value orientation, it prioritizes a rights-based approach while also considering the public interest. It balances the guarantee of material living conditions with the respect for personal dignity, fully upholding the principle of autonomy and emphasizing the practical protection of civil rights. Restrictions are permissible only when justified by the public interest and carried out through legal procedures. It focuses not only on addressing practical social issues in China but also on the future of the Chinese nation, aiming to establish a competitive, fair, and unified market economy, as well as harmonious, healthy, and family-oriented living orders.