Draft of the Chinese Civil Code Scholars' Suggestions and Legislative Reasons (Personality Rights Chapter, Marriage and Family Chapter, Inheritance Chapter)

Author: Wang Liming, Editor-in-Chief
Publisher:
Publish Date: 2005-06-01
Features: The so-called system of the Civil Code refers to the logical arrangement of civil rules or legal provisions that regulate personal and property relationships between equal subjects, which have an inherent organic connection, when adopting a codified form. In short, it is the logical system that organically integrates various rules of civil law into the Civil Code. With the compilation of the Civil Code project in our country already underway, the primary challenge faced by legislators is how to construct the system of the Civil Code. As the highest form of written law, codified law pursues a high degree of systematization and rigorous logic. It can be said that the establishment of the Civil Code system holds decisive significance for the formulation of the Civil Code. Therefore, exploring the system of the Civil Code is determined by its inherent attributes. Regarding the issue of how to construct the system of the Chinese Civil Code, the civil law academic community has engaged in extensive and fervent debates. We believe that the system of the Chinese Civil Code should consist of the General Principles of Civil Law, Personality Rights Law, Family Law, Inheritance Law, Property Law, General Principles of Obligations, Contract Law, General Provisions of Intellectual Property Law, and Tort Law. Below, we will discuss several controversial issues in the construction of the Civil Code system one by one.
"The Scholarly Proposal for the Chinese Civil Code and Legislative Reasons" provides an in-depth explanation and incisive interpretation of the Scholarly Proposal for the Chinese Civil Code drafted by Professor Wang Liming. It consists of five volumes, covering the entire content of the eight books of the proposal, including the General Principles Book, the Personality Rights Book, the Marriage and Family Book, the Inheritance Book, the Property Book, the General Principles of Obligations Book, the Contracts Book, and the Tort Law Book. The highlights of this series are as follows:
- Novel and Comprehensive System: The proposal is divided into books, chapters, and sections based on the content of the provisions, with legislative reasons and reference legislative examples provided under each provision, resulting in a relatively complete and comprehensive overall structure and format.
- Authoritative and Thorough Content: The provisions were drafted by experienced civil law scholars, summarizing the profound insights and research of numerous experts. The legislative reasons section elaborates on the intrinsic meaning of the provisions, explains relevant civil law principles, analyzes theoretical debates, and summarizes the origins and motivations behind the drafting of the provisions. The reference legislative examples section collects legislative examples from both domestic and foreign contexts, providing valuable materials for comparing domestic and foreign legislation and understanding the content of the provisions.
This series integrates authoritative insights, cutting-edge theories, comprehensive data, and a complete system, making it of significant reference value and inspirational significance for the broad legal community engaged in civil legislative research.