Civil law protection of college students

College students are closely related to the Civil Code.

From "law" to "code", the belief in civil law and the light of "code" law were established. In 202 1 year, the first civil code in the history of China came into effect, which will profoundly affect our contemporary life.

The Civil Code of People's Republic of China (PRC) consists of seven parts, 1260, each part is general provisions, property rights, contracts, personality rights, marriage and family, inheritance, tort liability and supplementary provisions, which come into effect as of 202 1, 1 and marriage law, inheritance law, general principles of civil law, adoption law and supplementary provisions.

People's Republic of China (PRC) Civil Code is called "encyclopedia of social life", which is the declaration and guarantee of civil rights. If the Constitution focuses on restricting public rights, then the Civil Code focuses on protecting private rights. Almost all civil activities, from signing a contract to setting up a company to paying property fees and divorce, can be found in the civil code, which can be said to be around us all the time.

For college students, the civil code is more important. The Civil Code of People's Republic of China (PRC) has solved the moral and legal puzzles that college students have been concerned about for a long time, such as whether to help, save or manage, and has also established the bottom line of the rule of law for how to treat and deal with social hot issues such as campus loans, privacy rights and personal information protection. College students should learn legal knowledge, cultivate legal thinking and contribute to the construction of China ruled by law. At the same time, in the future daily life, we can flexibly use the knowledge of civil code to solve practical difficulties. We should be practitioners of studying, observing, maintaining and publicizing the Civil Code. Let Bian Xiao list some contents in the Civil Code that are most closely related to our college students.

0 1. Courage can be exempted from responsibility

In reality, there have been many incidents of saving people against defendants, and "help or not" and "save or not" once troubled the public. As young people in the new era, our college students are often blackmailed when they volunteer to help, which leads to the damage of their own interests and makes everyone bleed and chilling.

Tax exemption in the content of civil code;

Article 183 of the Civil Code: If the infringer damages himself by protecting the civil rights and interests of others, the infringer shall bear civil liability and the beneficiary may give appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 184 of the Civil Code: If the rescued person suffers damage due to voluntary emergency rescue, the rescuer shall not bear civil liability.

The Civil Code not only clarifies the respective responsibilities of the infringer and the beneficiary, but also clarifies that those who are courageous do not bear civil liability according to law, which helps to put an end to the phenomenon of "heroes bleeding and crying". When we see someone in need of help, we can offer a helping hand instead of standing by, so we should stand up at a fair time.

02. Personal information disclosure

In daily life, we often encounter personal information disclosure and harassment. From spam messages to forced sales, information leakage has brought us a lot of trouble. Provisions on the protection of personal information in the Civil Code:

Article 1034 of the Civil Code explicitly mentions that the personal information of natural persons is protected by law. Personal information is all kinds of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information, including natural person's name, date of birth, ID number, biometric information, address, telephone number, e-mail address, health information, whereabouts information, etc. The privacy information in personal information shall be subject to the provisions on privacy; If there are no provisions, the provisions on the protection of personal information shall apply.

Article 1035 stipulates that the handling of personal information shall follow the principles of legality, justness and necessity, and shall not be over-handled, and meet the following conditions:

(1) Obtaining the consent of the natural person or his guardian, except as otherwise provided by laws and administrative regulations;

(2) Rules for publicly handling information;

(3) Clearly explain the purpose, mode and scope of information processing;

(four) does not violate the provisions of laws and administrative regulations and the agreement between the two parties.

03. It is forbidden to lend at high interest rates.

In recent years, "campus loans" and "routine loans" have occurred frequently, and the problem of usury has aroused widespread concern. Contemporary college students probably have irrational consumption concepts, can't resist the temptation, and easily fall into the quagmire of usury.

Article 680 of the Civil Code stipulates that it is forbidden to borrow at high interest, and the lending rate shall not violate the relevant provisions of the state. If there is no agreement in the loan contract to pay interest, it shall be deemed as no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.

The draft civil code prohibits high-interest loans, which shows that the state encourages people to invest in the real economy, promotes high-quality economic development, solves a series of social problems caused by high-interest loans, and also protects students from the loan trap.

04. Say no to the bully!

05. Protect integrity

The right of personality in the civil code protects our body, name, portrait, reputation and privacy. These rights were only stipulated in principle in the previous civil law, and now there are corresponding chapters in the civil code, which can be said to provide a lot of protection for our safety.

For example, before the General Principles of the Civil Law stipulates the right to portrait, citizens' portraits may not be used for profit without their consent. However, in the civil code, the portraits of citizens have become larger. Article 1020 stipulates that the following acts can be carried out reasonably without the consent of the portrait owner:

(1) Using the public portrait of the portrait holder within the necessary scope of personal study, art appreciation, classroom teaching or scientific research;

(2) Inevitably making, using and publicizing the portrait of the portrait holder for the purpose of news reporting;

(three) the state organs to perform their duties according to law, within the necessary scope to make, use and publicize the portrait of the obligee;

(4) Inevitably making, using and publicizing the portrait of the portrait holder in order to show the specific public environment;

(5) Other acts of making, using or publicizing portraits in order to safeguard public interests or the legitimate rights and interests of portrait owners.

For example, taking photos of classmates without permission and sending them to a circle of friends, or spoofing expression packs, are violations of their portrait rights.

In addition, in recent years, the crime of "AI" changing face and the infringement of merchants' unauthorized use of buyers' shows have been further regulated in the Civil Code.

The pseudonym of a stage name, especially the screen name, has a certain influence on the right of name, and it is also protected by the civil code like our name.

Write it at the end

The enactment of the Civil Code shows that the party and the state cherish and protect people's rights, and also provides a solid guarantee for the rule of law to meet people's growing needs for a better life.

Compiling a civil code will enable everyone in China to live in this vast land more equally, safely and with dignity.

The above is an example of a drop in the ocean in the Civil Code. I hope everyone knows the law, understands the law, abides by the law and uses it, and strives to be a college student in a society ruled by law in the new era!