Is the general principles of civil law formulated to protect the legitimate rights and interests of civil subjects?

As the subject of civil behavior, citizens will be subject to certain restrictions when engaging in civil activities. In order to adjust civil relations, China promulgated the General Principles of Civil Law. With the development of social economy, in view of some new situations, China promulgated the General Principles of Civil Law on 20 17. So is the general principles of civil law formulated to protect the legitimate rights and interests of civil subjects? Let's take a look at the answer given by Bian Xiao.

1. Are the general principles of civil law formulated to protect the legitimate rights and interests of civil subjects?

Article 1 of the General Principles of Civil Law stipulates that this Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of civil subjects, adjust civil relations, maintain social and economic order, meet the development requirements of Socialism with Chinese characteristics, and carry forward socialist core values.

1. Civil law regulates personal relations and property relations among natural persons, legal persons and unincorporated organizations as equal subjects.

2. The personal rights, property rights and other legitimate rights and interests of civil subjects are protected by law, and no organization or individual may infringe upon them.

3. Civil subjects have equal legal status in civil activities.

4, civil subjects engaged in civil activities, should follow the principle of voluntariness, according to their own meaning to establish, change and terminate the civil legal relationship.

5, civil subjects engaged in civil activities, should follow the principle of fairness, reasonably determine the rights and obligations of all parties.

2. What are the highlights of the General Principles of Civil Law?

1, clearly protect the interests of the fetus.

Article 16 of the General Principles stipulates that the fetus shall be 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 capacity for civil rights does not exist from the beginning.

2. The age of persons with limited capacity for civil conduct is reduced to 8 years.

Article 19 of the General Principles stipulates that minors over the age of eight are persons with limited capacity for civil conduct, and they can be represented by their legal representatives or recognized and ratified by their legal representatives, but they can independently carry out purely beneficial civil legal acts or those that are suitable for their age and intelligence.

3. Re-emphasize the obligation of support.

Article 26 of the General Principles stipulates that parents have the obligation to support, educate and protect their minor children.

Adult children have the obligation to support, help and protect their parents.

4. Expand the scope of guardianship objects

Article 21 of the General Principles stipulates that an adult who can't identify his own behavior is a person without civil capacity, and his legal representative shall act as his agent to carry out civil legal acts. Article 22 stipulates that an adult who can't fully recognize his own behavior is a person with limited capacity for civil conduct, and is represented by his legal representative or recognized and ratified by his legal representative, but he can independently conduct civil legal acts that are purely beneficial or suitable for his intellectual and mental health.

To sum up, the general principles of civil law are formulated to protect the legitimate rights and interests of civil subjects, which is also the legislative basis of the general principles of civil law. Compared with the previous General Principles of Civil Law, the General Principles of Civil Law has many bright spots, clearly protecting the interests of the fetus and lowering the age of people with limited capacity to 8 years old. And expanded the scope of guardianship, neighborhood committees and sub-district offices can be designated guardianship agencies.

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