In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct an...In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct and indirect commercial norms in General Provisions of the Civil Law provide evidence that civil law has been turned into commercial law. However, a general overview shows that the absence of related norms, including agency in duty, reveals that General Provisions of the Civil Law is lacking commercial law's characteristics. In addition to the Civil Code, using General Rules of Commercial Law is a relatively reasonable choice for commercial legislative arrangements, such as norms in relation to agency in duty. Taking commercial agency as an example, legislators should adopt problem-oriented and limited systematic patterns of "residue law" instead of unified patterns of codification.展开更多
The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.Howev...The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals.展开更多
In this issue we will introduce readers to the General Principles of the Civil Lave of the People's Republic of China, which was adopted at the Fourth Session of the Sixth National People's Congress, promulgat...In this issue we will introduce readers to the General Principles of the Civil Lave of the People's Republic of China, which was adopted at the Fourth Session of the Sixth National People's Congress, promulgated by order No.37 of the President of the People's Republic of China on April 12, 1986, and effective as of January 1, 1987.This law was formulated according to the constitution and the actual situation in our country, drawing upon our practical experience in civil actirities,for the purpose of protecting the lawful civil rights and interests of citizens and legal persons and correctly adjusting civil relations,so as to meet the needs of the developing socialist modernizationThe Civil Law of the People's Republie of China has 156 articles and 9 chapters. The chapters are:1) Basic Principles;2) Citizen (Natural Person); 3) Legal Persons; 4) Civil Law and Agencies; 5)Civil Rights; 6) Civil Liability; 7) Limitations of Action; 8) Application of Law in Civil Relations with Foreigners; and 9) Supplementary Provisions.All the articles apply to women. We have only extracted some of them which are concerning the protection of rights and interests of women and children.展开更多
The General Provisions of Civil Law(民法通则),formulated in the early days of reform and opening up,was a special law that set out the basic principles or rules of civil law,defining civil subjects,civil legal acts an...The General Provisions of Civil Law(民法通则),formulated in the early days of reform and opening up,was a special law that set out the basic principles or rules of civil law,defining civil subjects,civil legal acts and the agency system,declaring the civil rights enjoyed by civil subjects,establishing a relatively complete system of civil liability system,and so on.It kindled awareness of civil rights among the mass of the population,ensured China’s rapid economic and social development,and laid down a basic framework and content for the civil code,so holds an important position in contemporary Chinese history.But with the development of the economy and society,civil law has had to change with the times.Civil law jurisprudence injects theoretical support into contemporary civil law legislation,and the blueprint for law based governance provides a powerful impetus to the historic leap forward of contemporary Chinese civil law,providing the necessary conditions for the codification of civil law.The completion of the General Rules of Civil Law(民法总则)answers the requirements of the economic,humanist and legal character of the times,demonstrates the humanist stance and spirit of the civil code,rises to the challenge of modern scientific and technological development,and ensures people’s enjoyment and control of their new-style rights and their objective forms.This signifies that the GPCL has accomplished its historical task and civil law in contemporary China has realized a historic leap forward,laying a foundation for the compilation of the Chinese civil code,including the specific provisions of the framework and the contents of its individual parts.展开更多
文摘In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct and indirect commercial norms in General Provisions of the Civil Law provide evidence that civil law has been turned into commercial law. However, a general overview shows that the absence of related norms, including agency in duty, reveals that General Provisions of the Civil Law is lacking commercial law's characteristics. In addition to the Civil Code, using General Rules of Commercial Law is a relatively reasonable choice for commercial legislative arrangements, such as norms in relation to agency in duty. Taking commercial agency as an example, legislators should adopt problem-oriented and limited systematic patterns of "residue law" instead of unified patterns of codification.
基金funded by the National Social Science Fund of China,“The Research on the Philosophical and Economic Basis of Chinese Private Law”(14CFX006)
文摘The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals.
文摘In this issue we will introduce readers to the General Principles of the Civil Lave of the People's Republic of China, which was adopted at the Fourth Session of the Sixth National People's Congress, promulgated by order No.37 of the President of the People's Republic of China on April 12, 1986, and effective as of January 1, 1987.This law was formulated according to the constitution and the actual situation in our country, drawing upon our practical experience in civil actirities,for the purpose of protecting the lawful civil rights and interests of citizens and legal persons and correctly adjusting civil relations,so as to meet the needs of the developing socialist modernizationThe Civil Law of the People's Republie of China has 156 articles and 9 chapters. The chapters are:1) Basic Principles;2) Citizen (Natural Person); 3) Legal Persons; 4) Civil Law and Agencies; 5)Civil Rights; 6) Civil Liability; 7) Limitations of Action; 8) Application of Law in Civil Relations with Foreigners; and 9) Supplementary Provisions.All the articles apply to women. We have only extracted some of them which are concerning the protection of rights and interests of women and children.
基金This paper is a phased result of“Research on the Important Issues in Compiling the GRCL,”a major project of the Humanities and Social Science Fund,Ministry of Education(15JJD820009).
文摘The General Provisions of Civil Law(民法通则),formulated in the early days of reform and opening up,was a special law that set out the basic principles or rules of civil law,defining civil subjects,civil legal acts and the agency system,declaring the civil rights enjoyed by civil subjects,establishing a relatively complete system of civil liability system,and so on.It kindled awareness of civil rights among the mass of the population,ensured China’s rapid economic and social development,and laid down a basic framework and content for the civil code,so holds an important position in contemporary Chinese history.But with the development of the economy and society,civil law has had to change with the times.Civil law jurisprudence injects theoretical support into contemporary civil law legislation,and the blueprint for law based governance provides a powerful impetus to the historic leap forward of contemporary Chinese civil law,providing the necessary conditions for the codification of civil law.The completion of the General Rules of Civil Law(民法总则)answers the requirements of the economic,humanist and legal character of the times,demonstrates the humanist stance and spirit of the civil code,rises to the challenge of modern scientific and technological development,and ensures people’s enjoyment and control of their new-style rights and their objective forms.This signifies that the GPCL has accomplished its historical task and civil law in contemporary China has realized a historic leap forward,laying a foundation for the compilation of the Chinese civil code,including the specific provisions of the framework and the contents of its individual parts.
