The general principles of civil law and development of Chinese civil law

Abstract

In the article, the author considers new provisions of the general part of the civil law of the PRC in the context of the development of the civil legislation of China. The adoption of the law “General Part of the Civil Law of the People’ s Republic of China” marks the first step in drafting the Chinese Civil Code and codified civil legislation in general. This law introduced many changes in the system of the source of law, the protection of civil rights, interests of individuals and legal entities. For example, it was adopted new regulations of the subject of civil law, actions by which civil rights and duties, representations, statute of limitations, civil liability are acquired. In the field of a status of a subject of civil law, the law provides that organizations without the rights of legal entities are new civil entities that do not own the status of legal entities, but in accordance with the law on its own behalf engage in civil activities. The organization without the rights of legal entities includes three types: sole companies, partnerships, professional services organizations without the status of legal entities. The law provides for the unification of civil and commercial law and the content of commercial law should be included in the Civil Code, however, for the time being, in addition to mentioning a commercial legal entity, in other provisions the trend is not traced. In addition, it is necessary to further enhance legislative machinery and improve the legal language. In many countries and regions, Civil Codes are treated on the same level as the Declaration of Human Rights — as a picture of the national spirit. France, Germany, Russia, Japan and other large countries, have adopted their own unique national civil code. China still does not have a full Civil Code, and the publication of the law “General part of the civil law of the PRC” is an important step in drafting the “Civil Code of the PRC”. In the process of developing the law, the “Civil Code of the PRC” must reflect the basic requirements of Chinese social and economic development, the Chinese legislative bodies, judicial bodies, academics should support closer interaction and cooperation.