Main contents of civil law

First, add "green principles" to the basic principles and strive to create a legislative environment for environmental protection.

Article 9 of the General Principles of Civil Law stipulates that "the civil activities of civil subjects should be conducive to saving resources and protecting the ecological environment."

The second is to improve the natural person system and strengthen the protection of minors' rights.

1, which increases the protection of fetal interests.

Article 16 of the General Principles of the Civil Law stipulates that "a fetus is deemed to have the capacity for civil rights if it involves the protection of fetal interests such as inheritance and acceptance of gifts. However, if the fetus has died during childbirth, its civil rights capacity does not exist from the beginning. " This provision is a new provision on the basis of the general principles of civil law, and it is also a provision that has attracted much attention and discussion during the drafting and deliberation.

2. The age standard of minors with limited capacity for civil conduct has been lowered.

Article 19 of the General Principles of the Civil Law stipulates that "minors over the age of eight are persons with limited capacity for civil conduct, and they can perform civil legal acts on their behalf or with the consent and ratification of their legal representatives, but they can independently perform civil legal acts that are purely beneficial or suitable for their age and intelligence."

3. Improve the guardianship system.

(1) expanded the scope of the ward.

Article 17 of the General Principles of Civil Law stipulates that the scope of ward is "mental patient with no or limited capacity for civil conduct", while the General Principles of Civil Law abandons the concept of "mental patient" and expresses it as "adult with no or limited capacity for civil conduct". In connotation, it pays attention to French.

Broadly speaking, it has expanded the scope of protection. With the aging of the population in China, there are more and more cases in which the elderly have a certain degree of lack of recognition and cognitive ability due to diseases and other reasons. In addition, there are a certain number of mentally retarded and vegetative people, and some people who lack the ability to mean because of their bad attitudes and habits (such as waste, alcoholism, gambling, drug abuse, etc.). ).

Their living habits are different from ordinary people, and their behavior ability is often in an unstable state because of their dependence on certain substances, so most countries choose to list it as the scope of limiting their behavior ability.

(2) Establish the scope and order of guardianship.

Article 28 stipulates that adults with no or limited capacity for civil conduct shall be served as guardians by the following persons in turn: (1) spouse; (2) parents and children; (3) Other close relatives; (four) other individuals or organizations willing to act as guardians, but subject to the consent of the residents' committee, villagers' committee or civil affairs department of the ward's domicile.

(3) The unit where mental patients work has been deleted.

Article 17 stipulates that mental patients with no or limited capacity for civil conduct shall be guardians by the following persons:

Other close relatives and friends who are willing to assume the responsibility of guardianship shall be approved by the unit where the mentally ill person works or the residents' committee or villagers' committee of his domicile.

(4) The provisions on intentional guardianship of adults have been added.

Article 33 stipulates that an adult with full capacity for civil conduct may, in advance, consult with his close relatives and other individuals or organizations willing to act as guardians and determine his guardian in writing. When an adult loses or partially loses his capacity for civil conduct, the guardian determined through consultation shall perform the guardianship duties.

Third, improve the legal person system and further subdivide the legal person qualification.

Article 97 An organ with independent funds and a statutory body that undertakes administrative functions shall, from the date of its establishment, have the status of an organ as a legal person and may engage in civil activities necessary for performing their duties.

Article 98 If the legal person organ is revoked, the legal person shall be terminated, and its civil rights and obligations shall be enjoyed and assumed by the succeeding legal person organ; If there is no successor to the legal person organ, it shall be enjoyed and borne by the legal person organ that made the cancellation decision.

Ninety-ninth rural collective economic organizations have obtained legal person status according to law.

Where laws and administrative regulations have provisions on rural collective economic organizations, such provisions shall prevail.

Article 100? Urban and rural cooperative economic organizations have obtained legal person status according to law.

Where laws and administrative regulations provide for urban and rural cooperative economic organizations, such provisions shall prevail.

Article 101 Residents' committees and villagers' committees have the legal person status of grass-roots mass autonomous organizations and can carry out civil activities necessary for performing their duties.

If a village collective economic organization has not been established, the villagers' committee may act as the authority of the village collective economic organization according to law.

Fourth, improve the protection of civil rights, especially intellectual property and virtual property.

1, the protection of personal information has been clearly defined.

Article 111 of the General Principles of the Civil Law stipulates that "the personal information of natural persons is protected by law. If any organization or individual needs to obtain other people's personal information, it shall obtain and ensure the information security according to law, and shall not illegally collect, use, process or transmit other people's personal information, or illegally buy, sell, provide or disclose other people's personal information. "

This time, the protection of personal information was written into the general principles of civil law. The biggest difference from the past is that it clarifies the ownership relationship of personal information, which means that individuals can regard information as a civil right. If this civil right is infringed, the infringed person has the right to legal relief. This is a major adjustment to the law with the social and economic changes.

2. Strengthen intellectual property protection.

Article 123 of the General Principles of Civil Law stipulates that "civil subjects shall enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:

(1) works;

(2) Inventions, utility models and designs;

(3) Trademarks;

(4) Geographical indications;

(5) Business secrets;

(6) Layout design of integrated circuits;

(7) New plant varieties;

(8) Other objects prescribed by law. "

Intellectual property, as a kind of civil rights, refers to the exclusive rights enjoyed by the obligee to the object of intellectual property according to law. In the General Principles of Civil Law, the object of intellectual property rights is stipulated in principle, and space is reserved for intellectual property rights through separate laws and regulations.

3. Increase the protection of data and network virtual property.

Article 127 of the General Principles of the Civil Law stipulates that "if the law has provisions on the protection of data and network virtual property, such provisions shall prevail." ? Writing data and network virtual property (such as internet accounts, game equipment, Q coins and other network property) into the general principles of civil law not only meets the practical needs of economic, social and people's life development, but also lays a foundation for further strengthening the protection of virtual property in the sense of civil law after diversification.

Data and virtual network property are special things.

Fifth, improve the civil liability system and refine the way of responsibility sharing under different circumstances.

Civil liability is the legal consequence of the civil subject's failure or incomplete performance of civil obligations. With regard to civil liability, the General Principles of the Civil Law mainly stipulates as follows:

1. The civil subject shall perform civil obligations in accordance with the law or the agreement of the parties. Failure to perform or incomplete performance shall bear civil liability according to law.

2. It lists the main ways to bear civil liability, such as stopping the infringement, returning the property, restoring the original state, compensating for losses, and punitive damages.

3. In order to rectify the social atmosphere and encourage the courageous behavior, the rescuer shall not bear civil liability for the damage caused by voluntary emergency rescue.

Article 184 of the General Principles of the Civil Law stipulates that "the salvor shall not bear civil liability for the damage caused by voluntary emergency rescue.

"It has always been the voice of the public not to let the courageous people' bleed and shed tears'. In view of the dispute cases caused by courageous acts in China, the General Principles of Civil Law encourages and protects courageous acts in legal form, which eliminates the worries of courageous acts to some extent.

In addition, 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.

Sixth, the statute of limitations has been extended and the space for safeguarding rights has been further expanded.

Limitation of action is a legal system in which the obligee does not exercise his rights within the statutory period and his rights will not be protected. Regarding the limitation of action, the General Principles of the Civil Law mainly stipulates the following:

1, the general limitation period is three years.

Article 188 of the General Principles of the Civil Law stipulates that "the limitation of action for requesting protection of civil rights from the people's court is three years. If there are other provisions in the law, those provisions shall prevail. "

Extending the general limitation period stipulated in the current General Principles of Civil Law from two years to three years can adapt to the reality and judicial practice that new situations in social life are constantly emerging, transaction methods and types are constantly innovating, and the relationship between rights and obligations is more complicated, which is conducive to building a credible society and better protecting the legitimate rights and interests of creditors.

2. Increase the special statute of limitations.

Article 19 1 of the General Principles of Civil Law stipulates that "the limitation period for minors to claim compensation for sexual assault shall be counted from the date when the victim reaches the age of 18." Minors who have been sexually assaulted can claim their rights from the court at the age of 18 to 2 1 1.

If the time limit is suspended, interrupted or even extended under certain circumstances, it can be longer than 2 1 year.

Increase the special starting point of the limitation of action for sexually abused minors, provide opportunities for sexually abused minors to seek legal relief after adulthood, and better protect the interests of minors.

Extended data:

Eight major changes in the general principles of civil law;

I. Changes in General Principles of Civil Law

The time of birth and death of natural persons is determined in the order of "birth certificate record → household registration book or other valid identity registration records → other certificates", which changes the order of "household registration certificate record → birth certificate record → other certificates" stipulated in the Opinions of People's Communication.

Two. Changes in general principles of civil law II

Article 16: A fetus involved in the protection of the interests of the fetus, such as inheritance and acceptance of gifts, is deemed to have the capacity for rights, except for those who die during childbirth.

This regulation extends the scope of protection of fetal interests from the "special part" system of inheritance established in Article 45 of the Opinions on Inheritance Law to "accepting gifts".

Three. Changes in general principles of civil law 3

The age starting point of a natural person's limited capacity for behavior is changed from 10 in the General Principles of Civil Law to 8 years old.

If you don't understand why it should be modified in this way, you might as well visit kindergartens and children in Kan Kan to understand its rationality.

Four. Changes in general principles of civil law 4

(1) Cancel the "pre-designation of relevant organizations", and relevant parties may directly apply to the people's court for the appointment of guardians.

(2) The provision of "temporary guardian" has been added.

(3) Increase the system of "minor parents will appoint guardians".

(4) Add "intentional guardianship", that is, people with full capacity "plan ahead" and determine their future guardians in advance through consultation with relevant subjects.

(5) It is stipulated that the guardianship qualification of "parents, children and spouses" should be separated from the obligation of "support, support and upbringing", that is, after the guardianship qualification is revoked, the relevant obligations should continue to be performed.

Verb (abbreviation of verb) Changes of General Principles of Civil Law V

(1) Establish the "slight negligence exemption" rule for property custodians.

(2) Determination of the time of death when the person is declared dead: generally speaking, it is "the date when the judgment declaring death is made", and under special circumstances, it is "the date when the accident occurred".

(3) The exception of self-recovery of marriage relationship after the death declaration is revoked is stipulated: one spouse declares that he does not want to self-recover.

Changes of general principles of civil law of intransitive verbs VI

The General Principles of the Civil Law defines civil juristic acts as "legal" acts, so there are substantial differences between "civil acts" and "civil juristic acts". The General Principles of the Civil Law decisively removes the "legality" evaluation of civil legal acts, that is, as long as the expression of will is an important element, acts that can cause changes in civil legal relations are all civil legal acts.

Seven. Changes in General Principles of Civil Law VII

The validity of a civil juristic act committed by a person with limited capacity-

(1) Unilateral acts and contractual acts are no longer distinguished. As long as the behavior is suitable for its ability, it is effective on the premise of meeting other effective elements; The effectiveness of the behavior beyond the scope of ability is to be determined.

(2) This provision ended the situation that the validity of "unilateral act" and "contractual act" was evaluated separately in the old law era (the unilateral act implemented by the person with limited capacity is invalid, and the validity or validity of the contractual act is to be determined).

Eight. Changes of General Principles of Civil Law VIII

In "General Principles of Civil Law", the exercise period of revocation right adopts a one-size-fits-all normative model: the subjective standard is 1 year.

The General Principles of Civil Law divides it into three situations:

(1) fraudulent and obviously unfair-subjective standard 1 year;

(2) Coercion-from the date of the end of coercion 1 year;

(3) Major misunderstanding-the subjective standard is 3 months.

In addition, the limitation period of the above three cases is five years at the longest (calculated from the date of the civil legal act).

China laws and regulations database: General Principles of People's Republic of China (PRC) Civil Law.

China laws and regulations information base: General Principles of China People and State Law.