Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of ...Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.展开更多
The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the ci...The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the ＇codification of civil code＇, the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained.展开更多
Protecting the equal human rights of persons with disabilities is an important part of human rights protection in China.The Marriage law Amendment in 2001 focused on the economic assistance system for divorce relief f...Protecting the equal human rights of persons with disabilities is an important part of human rights protection in China.The Marriage law Amendment in 2001 focused on the economic assistance system for divorce relief for a party unable maintain the local basic standard of living.The Civil Code has adjusted and expanded the system,stipulating that one party can ask for financial help from the other party if the party can’t maintain a reasonable living after divorce.To a certain extent,this economic assistance should include the assistance to the party whose living standard has decreased significantly after divorce and the party who has made more sacrifices and contribution to the marriage during the marriage.Although the economic assistance system for divorce stipulated in the Civil Code does not specifically address unequal treatment or discrimination against women with disabilities,since women with disabilities are more vulnerable after divorce,they are more likely to put forward economic assistance claims after a divorce,be more dependent on others physically and psychologically,and find it more difficult to obtain employment.Social security for women with disabilities is still insufficient and compared with other subjects,women with disabilities are likely to be in an unequal position in the realization of their right to economic assistance in divorce.Therefore,it is necessary to put forward reasonable legal interpretations and application suggestions for the relevant provisions in the Civil Code,so as to fully realize the economic assistance rights of women with disabilities in divorce,and reflect the care and protection of the human rights of women with disabilities in the Civil Code.展开更多
Putting the people first in human rights protection is the most distinctive feature of the outlook on human rights in contemporary China. The codification of the Civil Code of the People’s Republic of China reflects ...Putting the people first in human rights protection is the most distinctive feature of the outlook on human rights in contemporary China. The codification of the Civil Code of the People’s Republic of China reflects the people’s legislation for themselves, which is guided by the principle of putting the people first in its external system and internal values. Functionally, the Civil Code of the People’s Republic of China reflects the obligation of the country to protect human rights, constructs the framework relationship between the country and individual people, and perfects the mechanism for human rights protection. The continuous expansion of the types, contents, and functions of civil rights in the Civil Code of the People’s Republic of China is required by the broad scope of human rights, with an aim to realize a happy life for the people, the most important human rights, and protect people’s personal rights, property rights, and right to dignity through specific rules. The universal sharing of human rights requires the universality of the subjects of civil rights. The equal sharing of human rights requires the equality of forms of civil rights protection. Meanwhile, it further requires the substantive equality of civil rights protection. Attention is paid to protecting the rights and interests of specific groups in external and embedded ways.展开更多
The Company Law(2023 Revision)must match with the Civil Code.On the one hand,because the Company Law is systematically subordinate to the Civil Code,its internal value and external normative system should highly coord...The Company Law(2023 Revision)must match with the Civil Code.On the one hand,because the Company Law is systematically subordinate to the Civil Code,its internal value and external normative system should highly coordinate with the Civil Code.In addition,the"General Part"Book of the Civil Code provides nearly 3o direct general provisions on legal persons and for-profit legal persons.As a result,the Company Law is subject to a kind of clear and direct limitation within this scope.Accordingly,it may incorporate much more detailed provisions but shall contain no conflicting provisions.On the other hand,the Civil Code has adopted a special open system model,with special space and flexibility for other laws to match with it.Besides,since the Company Law and other specific laws were enacted relatively early and have evolved independently for a long time,they have a space of autonomy to some extent in practice.From the perspective of legislative matching relationship,the Company Law should be revised based on five circumstances by adopting different matching strategies according to different matching requirements.展开更多
This article examines the intersection of law, gender, and modernity during the transitional Republican era （1912-49）. It approaches the topic through a critical reading of the Republican Civil Code of 1929-30, and ...This article examines the intersection of law, gender, and modernity during the transitional Republican era （1912-49）. It approaches the topic through a critical reading of the Republican Civil Code of 1929-30, and related commentary on the code by Chinese legal experts. By analyzing the gender assumptions embodied in several newly emergent categories of legal regulation, including legal personhood, minimum marriage age, consent, domicile, surnames, marital property, and child custody, the article＇s line of questioning reveals how gender meanings helped to shape modem concepts like universality, equality, and freedom. The findings illustrate the ways in which Republican civil law broke with late imperial legal and gender norms tied to Confucian patrilineal ideology and in addition established new legal and gender meanings that helped to consolidate Chinese politics on a republican basis and to reconfigure modem gender difference on a conjugal basis.展开更多
China has a long tradition of legal codification. In looking at the unification of private law, we need to follow three historical threads： the historicity of law, the rationality of private law and the rules governi...China has a long tradition of legal codification. In looking at the unification of private law, we need to follow three historical threads： the historicity of law, the rationality of private law and the rules governing the growth of private rights. Following on from and amending the Draft Civil Law of 2002, we can use restorative methods to formulate a nine-part civil code suited to China＇s national circumstances. The nine parts comprise the General Principles of Civil Law; Marriage and Family Law; the Law of Succession; Real Rights Law; Intellectual Property Law; Contract Law; Employment Contract Law; Tort Liability Law; and the Law of the Application of Law for Foreign-related Civil Relations. With this goal in mind, we can adopt a four-step legislative process： firstly, integrate the Marriage Law and the Adoption Law to form a unified Marriage and Family Law; secondly, include Employment Contract Law as a separate section of the civil code; thirdly, include Intellectual Property Rights Law as a separate section of the civil code; and fourthly, amend the General Principles of Civil Law so as to integrate Personal Rights, the General Principles of Property Rights （the General Principles of Obligation）, the General Principles of Commercial Law, etc. The civil code formed on this basis possesses historicity, flexibility and contemporaneity, and would become an important constituent in the restatement of Chinese civil life and the remolding of the Chinese system of law.展开更多
“Development of family civilization”has joined legislative language system from policy language and ethical language,and has become the basic value orientation of the Marriage and Family Section of Civil Code of the...“Development of family civilization”has joined legislative language system from policy language and ethical language,and has become the basic value orientation of the Marriage and Family Section of Civil Code of the People's Republic of China(hereinafter referred to as“the Civil Code”).We need to specify significance and jurisprudence of family civilization,and make family civilization harmonious with the basic principles(basic value orientations)of Marriage and Family Section and Inheritance Section.The significance of family civilization in the new era should be taken to include equality,respect,loyalty and unity,as is specified through the legal rules of marriage and family.Development of family civilization does not challenge freedom,but overcomes the defects of individualism in the identity community so as to fully realize the liberal and all-round development of each family member.By integrating family civilization with the basic value orientation of its Marriage and Family Section,the Civil Code has demonstrated a basic position of valuing“family”and of“coordinating the relationship betweenaindividual and family.”Moreover,it has revealed the basic attitude of Chinese people towards marital relationship and even towards marriage and family:Marriage and family provide a warm harbor of ethical love with legal significance,a weal-and-woe-sharing community of affection and property wherein family members,husband and wife in particular,focus on overall coordination.It is a closeknit group of equality,harmony,solidarity,like-mindedness,mutual respect and care for the elderly and for the young,and of trust-worthy team.展开更多
Twenty-four new or revised systems or rules have been incorporated in the Civil Code of the People's Republic of China for the purpose of strengthening the State's protection of marriage and family,promoting d...Twenty-four new or revised systems or rules have been incorporated in the Civil Code of the People's Republic of China for the purpose of strengthening the State's protection of marriage and family,promoting development of family civilization,and respecting the autonomy of the parties to marriage and family.Furthermore,they are designed for advancing equal marriage and family status,implementing the principle for the best interests of children,and protecting the rights and interests of the weak in marriage and family.In the Marriage and Family Section of the Civil Code,the Chapter 1“General”has got the new principle of the State protecting marriage and family,new advisory rule for promoting development of marriage and family civilization,and new principle for protecting the best interest of adoptees.Moreover,it has defined the types of relatives,close relatives and family members.In the Chapter 2“Marriage,”the lawful circumstances for prohibiting marriage and for invalidating marriage are reduced,the scheme of revoking a marriage is revised and supplemented;the obligation of telling the truth about major diseases,and the right for the innocent party to claim damages for an invalid or revoked marriage,are added.In the Chapter 3“Family Relations,”the rules of husband and wife's family agency right and its restriction,the rules of marital common debt determination,the rules of marital common property split,and the rule of litigation for the confirmation and denial of parent-child relationship,are added;in the Chapter 4“Divorce,”the pre-divorce coolingoff period and the time for dissolution of marriage relationship are added,the legal circumstances for divorce in litigation,the rules for dealing with child support during divorce,and the principle of splitting the common property of divorced couples are supplemented,the applicable conditions of divorce financial compensation and divorce financial assistance are modified,and the legal circumstances for divorce damage compensation is increased;in the Chapter 5“Adoption,”the age of adoptees and the number of adopted children are relaxed,the conditions of adopters are revised,and the adoption evaluation rules are added.展开更多
the age of artificial intelligence(AI),robots have profoundly impacted our life and work,and have challenged our civil legal system.In the course of Al development,robots need to be designed to protect our personal pr...the age of artificial intelligence(AI),robots have profoundly impacted our life and work,and have challenged our civil legal system.In the course of Al development,robots need to be designed to protect our personal privacy,data privacy,intellectual property rights,and tort liability identification and determination.In addition,China needs an updated Civil Code in line with the growth of AIl.All measures should aim to address AI challenges and also to provide the needed institutional space for the development of AI and other emerging technologies.展开更多
文摘Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.
文摘The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the ＇codification of civil code＇, the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained.
基金The phased research results under the theme“Value Judgment and Application Criteria of Divorce Property Division and Divorce Relief System in The Civil Code:Based on Safeguarding Women’s Human Rights”(CSHRS2020-21YB)a ministerial-level project of the China Society for Human Rights Studies in 2020
文摘Protecting the equal human rights of persons with disabilities is an important part of human rights protection in China.The Marriage law Amendment in 2001 focused on the economic assistance system for divorce relief for a party unable maintain the local basic standard of living.The Civil Code has adjusted and expanded the system,stipulating that one party can ask for financial help from the other party if the party can’t maintain a reasonable living after divorce.To a certain extent,this economic assistance should include the assistance to the party whose living standard has decreased significantly after divorce and the party who has made more sacrifices and contribution to the marriage during the marriage.Although the economic assistance system for divorce stipulated in the Civil Code does not specifically address unequal treatment or discrimination against women with disabilities,since women with disabilities are more vulnerable after divorce,they are more likely to put forward economic assistance claims after a divorce,be more dependent on others physically and psychologically,and find it more difficult to obtain employment.Social security for women with disabilities is still insufficient and compared with other subjects,women with disabilities are likely to be in an unequal position in the realization of their right to economic assistance in divorce.Therefore,it is necessary to put forward reasonable legal interpretations and application suggestions for the relevant provisions in the Civil Code,so as to fully realize the economic assistance rights of women with disabilities in divorce,and reflect the care and protection of the human rights of women with disabilities in the Civil Code.
基金accomplishment under the Scientific Research Fund Program of Renmin University of China (Project Approval No. 22XNQT12)。
文摘Putting the people first in human rights protection is the most distinctive feature of the outlook on human rights in contemporary China. The codification of the Civil Code of the People’s Republic of China reflects the people’s legislation for themselves, which is guided by the principle of putting the people first in its external system and internal values. Functionally, the Civil Code of the People’s Republic of China reflects the obligation of the country to protect human rights, constructs the framework relationship between the country and individual people, and perfects the mechanism for human rights protection. The continuous expansion of the types, contents, and functions of civil rights in the Civil Code of the People’s Republic of China is required by the broad scope of human rights, with an aim to realize a happy life for the people, the most important human rights, and protect people’s personal rights, property rights, and right to dignity through specific rules. The universal sharing of human rights requires the universality of the subjects of civil rights. The equal sharing of human rights requires the equality of forms of civil rights protection. Meanwhile, it further requires the substantive equality of civil rights protection. Attention is paid to protecting the rights and interests of specific groups in external and embedded ways.
文摘The Company Law(2023 Revision)must match with the Civil Code.On the one hand,because the Company Law is systematically subordinate to the Civil Code,its internal value and external normative system should highly coordinate with the Civil Code.In addition,the"General Part"Book of the Civil Code provides nearly 3o direct general provisions on legal persons and for-profit legal persons.As a result,the Company Law is subject to a kind of clear and direct limitation within this scope.Accordingly,it may incorporate much more detailed provisions but shall contain no conflicting provisions.On the other hand,the Civil Code has adopted a special open system model,with special space and flexibility for other laws to match with it.Besides,since the Company Law and other specific laws were enacted relatively early and have evolved independently for a long time,they have a space of autonomy to some extent in practice.From the perspective of legislative matching relationship,the Company Law should be revised based on five circumstances by adopting different matching strategies according to different matching requirements.
文摘This article examines the intersection of law, gender, and modernity during the transitional Republican era （1912-49）. It approaches the topic through a critical reading of the Republican Civil Code of 1929-30, and related commentary on the code by Chinese legal experts. By analyzing the gender assumptions embodied in several newly emergent categories of legal regulation, including legal personhood, minimum marriage age, consent, domicile, surnames, marital property, and child custody, the article＇s line of questioning reveals how gender meanings helped to shape modem concepts like universality, equality, and freedom. The findings illustrate the ways in which Republican civil law broke with late imperial legal and gender norms tied to Confucian patrilineal ideology and in addition established new legal and gender meanings that helped to consolidate Chinese politics on a republican basis and to reconfigure modem gender difference on a conjugal basis.
文摘China has a long tradition of legal codification. In looking at the unification of private law, we need to follow three historical threads： the historicity of law, the rationality of private law and the rules governing the growth of private rights. Following on from and amending the Draft Civil Law of 2002, we can use restorative methods to formulate a nine-part civil code suited to China＇s national circumstances. The nine parts comprise the General Principles of Civil Law; Marriage and Family Law; the Law of Succession; Real Rights Law; Intellectual Property Law; Contract Law; Employment Contract Law; Tort Liability Law; and the Law of the Application of Law for Foreign-related Civil Relations. With this goal in mind, we can adopt a four-step legislative process： firstly, integrate the Marriage Law and the Adoption Law to form a unified Marriage and Family Law; secondly, include Employment Contract Law as a separate section of the civil code; thirdly, include Intellectual Property Rights Law as a separate section of the civil code; and fourthly, amend the General Principles of Civil Law so as to integrate Personal Rights, the General Principles of Property Rights （the General Principles of Obligation）, the General Principles of Commercial Law, etc. The civil code formed on this basis possesses historicity, flexibility and contemporaneity, and would become an important constituent in the restatement of Chinese civil life and the remolding of the Chinese system of law.
文摘“Development of family civilization”has joined legislative language system from policy language and ethical language,and has become the basic value orientation of the Marriage and Family Section of Civil Code of the People's Republic of China(hereinafter referred to as“the Civil Code”).We need to specify significance and jurisprudence of family civilization,and make family civilization harmonious with the basic principles(basic value orientations)of Marriage and Family Section and Inheritance Section.The significance of family civilization in the new era should be taken to include equality,respect,loyalty and unity,as is specified through the legal rules of marriage and family.Development of family civilization does not challenge freedom,but overcomes the defects of individualism in the identity community so as to fully realize the liberal and all-round development of each family member.By integrating family civilization with the basic value orientation of its Marriage and Family Section,the Civil Code has demonstrated a basic position of valuing“family”and of“coordinating the relationship betweenaindividual and family.”Moreover,it has revealed the basic attitude of Chinese people towards marital relationship and even towards marriage and family:Marriage and family provide a warm harbor of ethical love with legal significance,a weal-and-woe-sharing community of affection and property wherein family members,husband and wife in particular,focus on overall coordination.It is a closeknit group of equality,harmony,solidarity,like-mindedness,mutual respect and care for the elderly and for the young,and of trust-worthy team.
文摘Twenty-four new or revised systems or rules have been incorporated in the Civil Code of the People's Republic of China for the purpose of strengthening the State's protection of marriage and family,promoting development of family civilization,and respecting the autonomy of the parties to marriage and family.Furthermore,they are designed for advancing equal marriage and family status,implementing the principle for the best interests of children,and protecting the rights and interests of the weak in marriage and family.In the Marriage and Family Section of the Civil Code,the Chapter 1“General”has got the new principle of the State protecting marriage and family,new advisory rule for promoting development of marriage and family civilization,and new principle for protecting the best interest of adoptees.Moreover,it has defined the types of relatives,close relatives and family members.In the Chapter 2“Marriage,”the lawful circumstances for prohibiting marriage and for invalidating marriage are reduced,the scheme of revoking a marriage is revised and supplemented;the obligation of telling the truth about major diseases,and the right for the innocent party to claim damages for an invalid or revoked marriage,are added.In the Chapter 3“Family Relations,”the rules of husband and wife's family agency right and its restriction,the rules of marital common debt determination,the rules of marital common property split,and the rule of litigation for the confirmation and denial of parent-child relationship,are added;in the Chapter 4“Divorce,”the pre-divorce coolingoff period and the time for dissolution of marriage relationship are added,the legal circumstances for divorce in litigation,the rules for dealing with child support during divorce,and the principle of splitting the common property of divorced couples are supplemented,the applicable conditions of divorce financial compensation and divorce financial assistance are modified,and the legal circumstances for divorce damage compensation is increased;in the Chapter 5“Adoption,”the age of adoptees and the number of adopted children are relaxed,the conditions of adopters are revised,and the adoption evaluation rules are added.
文摘the age of artificial intelligence(AI),robots have profoundly impacted our life and work,and have challenged our civil legal system.In the course of Al development,robots need to be designed to protect our personal privacy,data privacy,intellectual property rights,and tort liability identification and determination.In addition,China needs an updated Civil Code in line with the growth of AIl.All measures should aim to address AI challenges and also to provide the needed institutional space for the development of AI and other emerging technologies.
