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

Author: Wang Liming
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 combines the various rules of civil law into the Civil Code. With the compilation of the Civil Code project already underway in our country, 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 Civil Code system holds decisive significance for the drafting 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, there has been extensive and lively debate among civil law scholars. We believe that the system of the Chinese Civil Code should consist 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 several contentious issues in the construction of the Civil Code system one by one.
"China Civil Code Scholar's Draft and Legislative Reasons" is an in-depth explanation and incisive interpretation of the China Civil Code Scholar's Draft organized and drafted by Professor Wang Liming. It consists of five volumes, covering the entire content of the eight books of the draft, 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:
- Novel and Complete System: The draft 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, forming 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 many experts. The legislative reasons thoroughly elaborate on the intrinsic meaning of the provisions, explain relevant civil law principles, analyze theoretical debates, and summarize 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 set of books integrates authoritative insights, cutting-edge theories, comprehensive systems, and detailed materials, making it of great reference value and significance for the broad legal community engaged in civil legislative research.