Draft of the Chinese Civil Code Scholars' Suggestions and Legislative Reasons. General Provisions...

Author: Project Leader: Wang Li
Publisher:
Publish Date: 2005-10-28
Features: The so-called system of the Civil Code refers to the arrangement of civil rules or legal provisions that regulate personal and property relations between equal subjects, which have an inherent organic connection, in a certain logic when adopting a codified form, thereby forming a system. In short, it is the logical system that organically combines the various rules of civil law into the Civil Code. In the context of the compilation of China's Civil Code project having been initiated, the primary challenge faced by legislators is how to construct the system of the Civil Code. As the highest form of codified law, the Civil Code pursues a high degree of systematicity and rigorous logic. It can be said that the establishment of the system of the Civil Code has a decisive significance for its formulation. Therefore, exploring the system of the Civil Code is determined by its own intrinsic attributes. Regarding the issue of how to construct the system of China's Civil Code, there has been extensive and fervent debate in the field of civil law scholarship. We believe that the system of China's Civil Code should be composed of the General Principles of Civil Law, the Law of Personality Rights, the Law of Family Relations, the Law of Inheritance, the Law of Property Rights, the General Principles of Obligations, the Law of Contracts, the General Provisions of Intellectual Property Law, and the Law of Torts. Below, we will discuss some of the more contentious 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 organized and 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 Rights Book, the General Principles of Obligations Book, the Contracts Book, and the Torts Book. The highlights of this set are as follows:
- Novel and Complete 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 jurisdictions, providing valuable materials for comparing domestic and foreign legislation and understanding the content of the provisions.
This set of books integrates authoritative insights, cutting-edge theories, detailed materials, and a complete system, making it of great reference value and significance for the broad legal community engaged in the study of civil legislative matters.
The so-called system of the Civil Code refers to the arrangement of civil rules or legal provisions that regulate personal and property relations between equal subjects, which have an inherent organic connection, in a certain logic when adopting a codified form, thereby forming a system. In short, it is the logical system that organically combines the various rules of civil law into the Civil Code. In the context of the compilation of China's Civil Code project having been initiated, the primary challenge faced by legislators is how to construct the system of the Civil Code. As the highest form of codified law, the Civil Code pursues a high degree of systematicity and rigorous logic. It can be said that the establishment of the system of the Civil Code has a decisive significance for its formulation. Therefore, exploring the system of the Civil Code is determined by its own intrinsic attributes. Regarding the issue of how to construct the system of China's Civil Code, there has been extensive and fervent debate in the field of civil law scholarship. We believe that the system of China's Civil Code should be composed of the General Principles of Civil Law, the Law of Personality Rights, the Law of Family Relations, the Law of Inheritance, the Law of Property Rights, the General Principles of Obligations, the Law of Contracts, the General Provisions of Intellectual Property Law, and the Law of Torts. Below, we will discuss some of the more contentious 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 organized and 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 Rights Book, the General Principles of Obligations Book, the Contracts Book, and the Torts Book. The highlights of this set are as follows:
- Novel and Complete 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 jurisdictions, providing valuable materials for comparing domestic and foreign legislation and understanding the content of the provisions.
This set of books integrates authoritative insights, cutting-edge theories, detailed materials, and a complete system, making it of great reference value and significance for the broad legal community engaged in the study of civil legislative matters.