DetailsOn May 28, 2020, China's top legislature passed the country's first civil code ¨C an amalgamation of a series of civil laws ranging from an individual's marital issues to trade rights. Chinese President Xi Jinping signed a presidential decree stating that China's Civil Code had been adopted at the third session of the 13th National People's Congress, the country's top legislature. The Civil Code will take effect on January 1, 2021.
China's Civil Code contains seven books, with headings that are indicative of their respective scope: "General Provisions" (Book One), "Property" (Book Two), "Contract" (Book Three), "Personality Rights" (Book Four), "Marriage and Family" (Book Five), "Succession" (Book Six), "Tort Liability" (Book Seven) and "Supplementary Provisions." Containing 1,260 articles, the Civil Code is the most extensive legislation in China, as well as the only legislation officially called a "code".
The Civil Code defines the "right of habitation" for the first time in China, dismantling barriers for properties owners in urban residential communities to protect their legitimate rights and interests and answering the public's rising call for a stable living environment. Another precedence lies in the move to codify the personality rights as an independent section, which has become a highlight of civil legislation worldwide. This allows the Civil Code to not only grant people the right to their properties, but also pay due attention to addressing what makes us human in social life, making it more humane than civil codes of other countries.
In addition, with the rapid development of China's high-tech and mobile communication applications, people are increasingly concerned about personal privacy in online shopping, mobile working, and electronic payments. The traditional definition of rights to privacy has also been expanded in this law. It not only takes into account different forms of privacy protection in different social media, but also revisits the fundamental mission in establishing this right, that is, letting individuals have peace in life.
Moreover, the main purpose of compiling the Civil Code is not merely to fix the loopholes. It not only pays attention to maintaining the continuity and stability of the original civil legal system, but also has a moderate degree of foresight and openness, and meanwhile harmonizes the relationship with various rules and provisions under other civil legal systems. Its real purpose is to use the protection of civil rights as a lever to make the Civil Code an encyclopedia more adapted to social life and a declaration that promises to protect people's civil rights in the new era.