Classic quotations of civil code

"Code" refers to the basic code named after the people, which fully reflects the wishes and needs of the people and guarantees various needs and rights. Civil Code is the basic law of market economy, the encyclopedia of citizens' life and the legal guarantee to realize people's happy life.

Why should we compile the civil code?

(A) the meaning of the Civil Code

1. The need for legal codification and systematization. There are many civil laws and regulations in China, more than 250. Because these laws were enacted in different periods and stages, they more or less reflected the social needs of different periods and stages, as well as the consideration of legislators at that time. Without overall consideration, there are inevitably inconsistencies and conflicts between systems. And a systematic and complete code can greatly promote the systematization of civil legislation.

2. Effectively improve the modernization of the national governance system and governance capacity. The content of the civil code is to govern the country in an all-round way according to law, and the rule of law is the main content. Eight words can be summed up as "standardizing public rights and safeguarding private rights". Standardizing public rights and putting power into the cage of the system, the civil code fully guarantees private rights, laying a solid foundation for comprehensively governing the country according to law; Protecting private rights provides a certain standard and foundation for standardizing public rights. Protecting private rights is conducive to standardizing public rights.

3. It is conducive to improving the rule of law in the market economy. Civil code comes from the soil of market economy, which in turn adjusts and regulates the activities of market economy and maintains the order of market economy. The principles of honesty, equality, credit and voluntariness are the most basic principles of market economy. Property right and creditor's right system are two basic pillars of market economy; Property right and contract are two basic rules of market economy. The promulgation of the Civil Code has greatly improved the legal rules of the market economy and effectively improved the business environment.

4. Provide a good guarantee for people's happy life.

5. It is conducive to the realization of fair justice and administration according to law. The civil code is convenient for judges to find laws, and a systematic civil code is conducive to ensuring that judges are tried in the same case and justice is fair.

(2) The innovation of civil code system. Part VII of the Civil Code: General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family Inheritance, Tort Liability.

1. Compared with the civil codes of traditional civil law countries, what they don't have is the function of independent compilation of personality rights and tort liabilities, and the general principles of debt law are replaced by contract compilation.

2. The characteristics of China's civil code system:

(1) The system is rigorous-all seven parts focus on the confirmation and protection of civil rights. The general provisions stipulate the basic rules, including the subject, exercise and protection rules of civil rights; The remaining six parts are all about civil rights;

(2) Reasonable structure-implementing the value concept of paying attention to humanistic care and highlighting humanistic spirit. System system is one aspect of systematization, and value system is another aspect, which pays attention to humanistic care and shows humanistic spirit. Montesquieu's famous saying: In the eyes of a loving mother in the Civil Code, everyone is a country. Taking humanistic care as the basic value concept.

(3) The Civil Code is a feature of the times and an institutional innovation, which provides legal protection for people's happy life in the new era.

In the 40 years of reform and opening up, the main contradiction in today's society has been transformed into the contradiction between the people's growing need for a better life and the unbalanced development. The people's spiritual needs for democracy, the rule of law, fairness, justice and a safe environment are even stronger. They should not only meet the material needs, but also affirm the people's personal dignity, fully protect citizens' personal rights and personality rights, and implement the tasks reported in the 19th National Congress.

A few simple examples:

1. Put forward the peace of private life for the first time in the civil code-citizens' right to privacy includes peace of private life, which is the basic need for a better and happier life. No sneak shots, no voyeurism, no phone message harassment. Protecting personal information includes not only information that can identify identity characteristics, but also personal whereabouts information, such as location information.

2. Strengthening the protection of property rights means protecting people's livelihood. For example, adding the right of residence system to the series of property rights to meet the people's needs of "living and living" means ensuring the people's long-term stable right of residence and is conducive to solving the people's long-term stable housing needs; The contract stipulates that the lessee has the priority to lease; There are many clauses in the contract to protect the owner's rights, and a chapter on property contract is specially set as a typical contract. The Civil Code responds to the needs of people in the era of high-tech development-the threat of big data to personal information and privacy in the high-tech era, making everyone a "transparent person" and a "naked person". The biggest problem encountered by the law is how to strengthen the protection of personal data and personal privacy. This is also the reason for the independent compilation of personality rights in the Civil Code. It is used to protect human biometric information, such as human genes and human embryo research activities. The law must set the necessary bottom line rules: one must and three must not-that is, it must be legal, not harmful to human health, not contrary to ethics and morality, and not harmful to public interests. There are still many clauses in the Collection of Personality Rights that are related to the requirements of the high-tech era of the Internet, such as voice, which involves identity voice recognition; When the portrait came out, AI changed her head. In the future, special laws may be needed to make specific provisions.

3. The Civil Code responds to the needs of the times for environmental and ecological protection brought about by the deterioration of resources and environment. 2 1 century is an era facing serious ecological crisis. Air pollution, black and smelly water bodies, garbage siege and other people's livelihood are harmful to people's happy life. The general secretary said that a good ecological environment is the most inclusive people's livelihood. Tort liability specifically increases the liability for ecological damage (only environmental pollution liability is included in the tort liability law).

4. The Civil Code responds to the needs of the times in a risk society. Risks are everywhere. How to remedy the damage caused by various risks to the victims? The independent compilation of tort liability is to respond to the demand in a risky society, strengthen the protection of victims and punish infringers. Such as high-rise buildings (high altitude) parabolic damage, high altitude parabolic can not find the infringer. First of all, the civil code clearly stipulates that everyone has the legal obligation not to throw objects from high altitude, and those who violate this obligation will bear legal responsibility; Secondly, after the incident, it is emphasized that the relevant authorities should find out the responsible person in time according to law; Third, the property should fulfill its security obligations; Finally, if it cannot be found, the user of the building who may cause damage to it should bear the corresponding liability for compensation.

(four) effectively reflect the new situation and new problems of reform and opening up.

Effectively respond to the needs of market economy development, strengthen the protection of property rights, safeguard the legitimate rights and interests of owners, strengthen the improvement of business environment, supplement and improve the guarantee system, adapt to the needs of rural reform, and stipulate the right to operate.

(5) It is a good law to adapt to the development requirements of the times, keep pace with the times, proceed from the reality of China, and learn from the experience of the two legal systems to construct systems and rules with China characteristics. However, the vitality of the civil code lies in its implementation. As the ancients said, it is not difficult to legislate and enforce the law. Transforming the law on paper into the law in reality provides an institutional guarantee for the comprehensive rule of law and the long-term stability of the country.

To be continued.