The Civil Code demonstrates China's confidence in its system
Publish Time:
2022-09-28
The Civil Code demonstrates China's confidence in its system
The Civil Code embodies the achievements and confidence in the socialist legal system with Chinese characteristics. During the compilation process, it focused on China's realities and directly addressed its problems. Based on critical learning from foreign legal theories, systems, and concepts, it has formed a truly “people-centered” code.
Creatively establishing a separate chapter on personality rights is one of the greatest highlights of China's Civil Code. Pre-industrial Civil Codes focused on the relationship between people and objects, emphasizing the ownership, use, and protection of objects. China's Civil Code adapts to the contemporary trend of personality rights, changing the traditional civil law system's defect of “valuing objects over people”. By establishing a chapter on personality rights and positively listing various personality rights, it achieves the active protection of personality rights, reflecting a distinct people-oriented approach.
Since the reform and opening up, China's civil and commercial legal system construction has accelerated, with numerous civil and commercial laws enacted or revised. The Fourth Plenary Session of the 18th CPC Central Committee made a decision on several major issues concerning the comprehensive advancement of the rule of law, including the compilation of the Civil Code. Through more than 5 years of work, the Civil Code has finally been promulgated, fulfilling the long-cherished wish of generations. This is a vivid portrayal of China's continuous social and economic development and the steady advancement of the rule of law, as well as a powerful testament to the continuous development of China's civil law theory and discourse system.
Constructing a socialist civil law theoretical and discourse system with Chinese characteristics does not mean rejecting world legal culture. We should embrace an open mind, absorbing the essence of excellent civil law cultures from various countries, and work together to solve common problems faced in the process of human social development. However, foreign theories and systems can only be used as reference materials, and we must never force-fit Western theories onto Chinese practices, nor can we be mere "carriers" of Western theories. We should focus on China's realities and problems, propose Chinese solutions, explore the Chinese path, and provide stronger theoretical support for the effective implementation of the Civil Code and the development of China's civil legal system.
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