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Napoleon became known to the Chinese probably after the Westernization Movement in the late Qing Dynasty. There is a story that is both true and illusory: during an imperial examination in the late Qing Dynasty, the examiner with some knowledge of Westernization wrote an essay title "Xiang Yu and Napoleon". A candidate who was well-read in classics wrote hard and thought hard. He really couldn't understand the meaning of this question, so he wrote: "The king of Xiang is so powerful that he has overwhelming power. How can he be afraid of Napoleon?" Don't laugh at this closed-door tradition. The old intellectuals harmed by the education system.

Napoleon died of illness on St. Helena Island in 1821. Before he died, he said: "The glory of the forty war victories in my life was wiped out by the Battle of Waterloo, but I have one achievement. Is eternal, this is my code "Code Napoleon" (also known as "French Civil Code" or "Civil Code"). It is a must-teach course on civil law in Chinese legal education, but only civil law master's and doctoral students are likely to read through its 2,281 articles. When we mobilized our efforts to draft the "China Property Law", we couldn't help but think of this code. Because many of the principles of property rights in civil law that our country's civil law scholars are currently debating were already solved by jurists organized by the French Emperor more than 200 years ago.

In June 1789, the National Assembly during the French Revolution passed a resolution declaring that "all taxes and donations of all kinds, without the formal and express approval of the Assembly, shall be suspended in all provinces of the country." The king also No authority to determine taxes. King Louis XVI was furious and dismissed Necker, the finance director who advocated the power of taxation to be vested in Parliament.

The conflict between the king and the National Assembly intensified. In July, the city of Paris was controlled by the rebels. The Bastille was captured. The French Revolution broke out in full force because of "who has the right to decide taxes". In September 1792, the monarchy that had ruled France for thousands of years was abolished and Louis XVI was guillotined. In 1799, Napoleon seized power in chaos and launched the "Brumaire Coup" to establish a ruling government.

Ten months later, he ordered the establishment of a "Civil Law Drafting Committee" composed of four members, stipulating that the members must complete the drafting of the civil law within November. The Drafting Committee completed the draft of the Civil Code on schedule. After being studied and revised by the Dali Yuan and the Court of Appeal, it was submitted to the Political Council Yuan for discussion and revision. The Senate held 102 discussions around the draft civil law. Napoleon served as chairman and participated in 97 public discussions. The code was finally passed unanimously by the Legislative Yuan. This model code in human history was officially announced on March 21, 1804. The four people appointed by Napoleon as the drafting committee members of the Civil Code were Tronchet, the president of Dali, Malleville, an expert on Roman law, Bigot de Préameneu, the judicial administrator of the government, and Porta, the judge of the naval court. .

The Napoleonic Code, also known as the French Civil Code, is the earliest civil code in a bourgeois country. The product of the French Bourgeois Revolution in 1789, it was promulgated and implemented in 1804. After many revisions, it is still implemented in France. It was originally named the French Civil Code, then renamed the Napoleonic Code in 1807, the Civil Code in 1816, and the Napoleonic Code again in 1852. However, it has been customarily used since 1870. The name of the French Civil Code.

Contents of the Code The French Civil Code was adopted on March 21, 1804. In addition to the general provisions, the code is divided into three parts. The first edition of the "French Civil Code" has 2281 articles on the cover. The first part is personal law, which contains provisions on personal and family law, and is actually provisions on the subjects of civil rights. The second part is property law, which contains provisions on various property and ownership rights and other property rights. In fact, it is provisions on the static objects of civil rights. Part III is called the "Methods of Obtaining Title" Part. The content is quite complex: firstly, it stipulates inheritance, gift, will and marital property system; secondly, it stipulates the law of obligations, attached with the law of pledge and mortgage; finally, it also stipulates the statute of limitations for acquisition and extinguishment.

In fact, this section is about the various possibilities for the transfer of civil rights objects from one right subject to another.

Legislative principles This code can be summarized by three principles: the principle of freedom and equality, the principle of ownership, and the principle of contractual autonomy.

①As far as the principles of freedom and equality are concerned, the code includes two basic provisions. Article 11 stipulates: "All French people enjoy civil rights." Civil rights refer to non-political rights, including personal rights, relatives' rights and property rights. Article 488 stipulates: Adults are considered adults when they reach the age of 21 (changed to 18 years old in 1974). After reaching this age, except for the exceptions stipulated in the marriage seal, they have the ability to perform all acts in civil life. This means that, in principle, everyone has equal capacity for civil conduct from the date of adulthood, although there are certain legal restrictions on the enjoyment of this capacity.

② As far as the principle of ownership is concerned, Articles 544 to 546 of the Code give owners of movable and immovable property sufficient and extensive rights and protections. Ownership is defined as “the absolute and unrestricted right to use, benefit from, and dispose of a thing.” The state may expropriate private property only on grounds of public interest and on the condition that the owner be given just and prior compensation. The owner of any property, whether movable or immovable, has the right to receive everything produced by the property and everything added to it. This provision allows the bourgeoisie's means of production to be used, profited, and sold freely, while the private land of farmers is also protected. The Code also provides for usufruct rights and easements over the property of others, which are important to smallholder economies.

③The principle of contractual autonomy, or the principle of freedom of contract, is stipulated in Article 1134: "A contract established in accordance with the law has the equivalent of legal effect between the parties who concluded the contract." Unless the contract violates this The public order or good customs mentioned in Article 6 of the Code have no legal effect. A contract is an agreement between two or more parties with the purpose of producing some legal effect, or transferring ownership from one person to another, or creating certain debts, or relieving debts previously entered into by the parties, or Just change some conventions that already exist. This code gives the agreement of two or more individuals the effect of law, enabling them to create mutual rights and obligations through their actions, thereby changing their original legal status. Therefore, contractual autonomy is also called party autonomy. Once a contract is legally established, the parties must perform it in good faith in accordance with the agreement. It cannot be modified or abrogated without the consent of the parties. The property and even the person of the parties to the contract (the code originally provided for civil detention of defaulting debtors) served as security for the performance of the contract. Based on these concepts, legislators have made a series of provisions: mandatory performance of contractual obligations, damages for non-performance, delay in performance, bankruptcy proceedings for the debtor, etc.

More than 1,000 articles are used to stipulate contractual debts in the French Civil Code, which shows the importance of contracts to capitalist society. Contractual autonomy is also practiced in the name of formal equality and freedom, and is the logical consequence of the principles of freedom and equality. Marx once profoundly criticized this principle in "Das Kapital".

With the changes in French political, economic, and social conditions over the past 100 years, the Code has been revised more than 100 times to continuously adapt to new situations. The more important ones are: the 1819 law abolished Articles 726 and 912, thus placing foreigners on a completely equal footing with French people in inheritance law; the 1854 law abolished the civil death clauses of Articles 22 to 33 system and the civil detention system of Articles 2059-2070; the Registration Act of 1855 improved the provisions on mortgage rights. After the Third Republic of China, which began in 1871, was consolidated, a wide-ranging code reform movement was carried out. This movement mainly targeted marriage law and family law. As a result, the formal and substantive requirements for marriage were revised, especially the requirement for parental consent was relaxed, which was more convenient for the parties involved. The divorce system was abolished in 1816 and restored in 1884, but divorce based on the consent of the husband and wife was not restored until 1945.

Regarding the exercise of parental rights, a system of control has been developed, and the "Protection of Abused or Abandoned Minors Act" of 1889, 1910, and 1921 stipulates that parental rights can be deprived or restricted under certain conditions. As a result of the war, the provisions on adoption were significantly revised in the 1923 law and again in 1966. The rights of husband and wife to inherit from each other have been expanded due to the supplementary laws in 1891, 1917, and 1925 that provided usufruct rights to part of the spouse's estate. The 1965 law fundamentally changed the marital property system under the sole control of the husband. The dowry system was abolished and wives were allowed to open bank accounts and manage their personal property without their husband's consent. The 1970 law abolished the principle of the husband being the head of the family. Finally, the 1972 law abolished the unequal status of children born in wedlock and those born out of wedlock.

The influence of the Code The Code has great influence in many bourgeois countries. First of all, it is applicable in some countries that originally belonged to France in 1804 and therefore have been within the scope of the Code since its implementation. Belgium and Luxembourg still use it as their own codes. The code is still in force in some of France's former colonies. For example, the current civil code of the Canadian province of Quebec is partly based on this code and partly on the Customary Law of Paris. The state of Louisiana in the United States has adopted this code since 1825, but has made several modifications and additions. Secondly, some countries use this code as a model to formulate their own civil codes. For example, the Danish Civil Code of 1838 was based on this code, and the Greek Civil Code of 1940 was also modeled on this code. Finally, there are many countries whose civil codes were more or less influenced by this code when they were compiled, such as the German Civil Code in 1896, the Swiss Civil Code in 1907, and the Portuguese Civil Code in 1867. ", the Spanish Civil Code of 1889, the Chilean Civil Code of 1855, the Argentine Civil Code of 1869, the Brazilian Civil Code of 1916, etc.

"Code Napoleon" is the first civil code of a bourgeois country in human history. It has clear principles, reasonable arrangement, rigorous logic and concise language. It is a milestone in the history of the world's legal system. This French Civil Code, born in 1804, was formulated during the French Revolution to protect the fruits of victory of the bourgeois revolution. Moreover, the legislative spirit and principles of this code were also learned and imitated by many European countries. With Napoleon's military expansion in Europe, the Napoleonic Code was also applied wherever the French army went. Due to the systematic, complete and normative nature of the code, it had a huge impact on the subsequent legislation of other capitalist countries and played the role of legislative norms, thus having broad world significance. Its inherent value and ideas even in It is still dazzling today.

Contents of the "Code Napoleon":

General Promulgation and Effectiveness of Laws

Part One Person

Chapter 1 Enjoyment of Civil Rights and loss

Chapter 2 Identity Certificate

Chapter 3 Residence

Chapter 4 Absence

Chapter 5 Marriage

Chapter 6 Divorce

Chapter 7 Parents and Children

Chapter 8 Adoption and Informal Guardianship

Chapter 9 Parental Rights

Chapter 10: Minority, Guardianship and Dissolution of Parental Rights

Chapter 11: Adulthood, Injunction and Assistants in Judgment

Part 2 Property and Various restrictions on ownership

Chapter 1 Property Classification

Chapter 2 Ownership

Chapter 3 Usufruct, Use Rights and Residence Rights

Chapter 4 Easements or Easements

Part 3 Various Methods of Acquiring Property

General Provisions

Chapter 1 Inheritance

Chapter 2: Inter vivos Gifts and Wills

Chapter 3: General Provisions for Contracts or Consensual Debts

Chapter 4: Debts not incurred by consensus

Chapter 5: Marital Property Contract and Mutual Rights between Spouses

Chapter 6: Sales and Purchases

Chapter 7: Mutual Exchange

Chapter 8: Leasing

Chapter 9 Partnership

Chapter 10 Loans

Chapter 11 Bailment and Bailment of Things in Litigation

Twelve Chapter Gambling Contract

Chapter Thirteen Appointment

Chapter Fourteen Guarantee

Chapter Fifteen Reconciliation

Tenth Chapter 6 Civil Detention

Chapter 17 Pledge

Chapter 18 Priority and Mortgage Rights

Chapter 19 Enforcement and Enforcement of the Debtor’s Real Estate Order of Distribution among Creditors

Chapter 20 Limitation