Civil code is a collection of laws protecting private rights. In a sense, civil code is a declaration and guarantee of civil rights. As a law concerning the vital interests of every citizen from cradle to death, civil code is closely related to everyones life.
The compilation of civil code is not a new civil law, but a scientific arrangement of the existing civil laws and regulations; it is not a simple compilation of laws, but a modification and improvement of the provisions that are no longer suitable for the actual situation, and a targeted new provision for the new situations and problems in the economic and social life: we should not only maintain the continuity and stability of the law, but also Moderate foresight. The three major principles of legislation - scientific legislation, democratic legislation and legislation according to law are the important principles of the whole compilation work.
To meet the needs of the development of the times and to respond to the actual needs of todays society is one of the goals that the civil code needs to achieve. To achieve this goal, we must first analyze and judge the social development and the concerns of the people.
With the development of the times, the right of personality has changed from the basic right of life, the right of body, the right of health, to the right of reputation, the right of portrait, the right of privacy and so on. How to protect these rights of people urgently needs legislation to regulate.
In the draft civil code submitted to the National Peoples Congress for deliberation, various human flesh search and illegal theft of other peoples information are clearly stipulated. In addition, donation of body organs, sexual harassment in the workplace and on campus, and illegal medical and scientific research activities related to human genes and human embryos will be strictly regulated. In addition to the new personality right code is a hot topic in the draft civil code, the very important property right code in civil private rights is also one of the contents that people pay close attention to.
The relevant rights of land are the most important wealth of farmers. In the real right compilation of the draft civil code, the relevant content of the rural land contract management right has been improved. In order to implement the Three Rights Separation system of rural land ownership, contract right and management right, and solve the problem that the circulation of rural land management right is not enough, the new provisions of the real right part of the Draft Civil Code: the land contract management right holder can decide independently to transfer the land management right to others by leasing, shareholding or other ways according to law.
The draft also stipulates that land management rights with a circulation period of more than five years shall be established when the self circulation contract takes effect. The parties concerned may apply to the registration authority for the registration of the right to land management. Experts believe that the establishment of this system enables the transferee of land management rights to further activate the land management rights in his hands, which can be used for management or refinancing.
Only by clarifying property rights and dividing rights, responsibilities and obligations, can we better protect citizens private rights. After the formal implementation of the civil code, the newly added right of residence recognizes and protects the flexible arrangement of the civil subjects for housing security, meets the housing needs of specific groups of people, and helps to better protect the peoples living. In view of the difficulty in using public maintenance funds and other issues, the draft improves the voting procedures for the use of public maintenance funds, reduces the voting requirements for passing this matter, and clearly determines that the matter can be approved by the owners who participate in the voting and more than half of the owners who participate in the voting. In addition, according to the practice of some places, the draft also adds a provision: if the building and its auxiliary facilities need to be maintained in an emergency, the owners assembly or the owners committee may apply for the use of maintenance funds according to law. In the draft civil code, there are 526 contracts with the largest volume, accounting for almost half of all the provisions. It has made clear provisions for illegal lending, campus lending, and routine lending. The rules for the formation of electronic contracts, which are becoming more and more important in the development of e-commerce and digital economy, will be clear in accordance with the law.