□ Special 2020·Special Memory
● From the official launch in March 2015, to the fifth session of the 12th National People's Congress passed the General Principles of Civil Law in March 2017, until the Third Session of the 13th National People's Congress passed the Civil Code on May 28, 2020, it took more than five years to finally achieve the right result
● The compilation of the Civil Code is different from the general legal compilation. The word "Dict" of the Civil Code marks the maturity of the civil legal system, highlights the changes in legal norms from quantity to quality, and also makes the Civil Code significantly different from other laws
□ All-Media Reporter of the Rule of Law Daily Zhu Ningning
"Bring the Civil Code back home!" As 2020 approaches, the Civil Law Research Association of the Chinese Law Society solemnly issued this initiative to civil law scholars across the country and law students who are about to usher in the winter vacation. The celebration moment of reunion with family and meeting relatives and friends in my hometown is regarded as a good opportunity to popularize and publicize the Civil Code.
In the hearts of legal professionals, the Civil Code has special significance, and the implementation and publicity work of the Civil Code cannot be overemphasized.
Looking back on 2020, the birth of the Civil Code, as a major achievement in the construction of socialist rule of law in our country in the new era, is destined to leave a brilliant mark in the long history of China's rule of law.
The Civil Code plays an important role in the socialist legal system with Chinese characteristics. Compiling the Civil Code is one of the most important legislative work since the founding of New China. It is a major measure to modernize the national governance system and governance capabilities. It is an objective need to safeguard the fundamental interests of the broad masses of people and an inevitable requirement for forming a complete socialist market economic system.
2879 votes in favor, 2 votes against, and 5 abstentions. On May 28, 2020, the Third Session of the 13th National People's Congress voted to pass the " Civil Code of the People's Republic of China ". A code with Chinese characteristics, embodies the spirit of the times, reflects the will of the people, protects civil rights, and safeguards social fairness and justice was born.
7 edited, 1,260 items, more than 100,000 words. As the law with the most articles, the largest size and the most complex structure in my country's legal system, the Civil Code draws on the beneficial achievements of human rule of law civilization construction, draws on the excellent legal culture of the Chinese nation for more than 5,000 years, and systematically integrates the civil legal norms of the past 70 years since the founding of New China.
On May 21, the Third Session of the 13th National People's Congress held a press conference in the Beijing Great Hall of the People press conference, which was held in the form of online video. Photo by Yang Jinfeng, all-media reporter of the Rule of Law Daily,
Civil law scholars are diligent in
It took five years to achieve the result
This is the fifth time that my country has compiled the Civil Code after the founding of New China. Previously, my country drafted the Civil Code four times in 1954, 1962, 1978 and 1998, but four times were shelved for various reasons.
As a member of the Leading Group for the Compilation of the Civil Code of the Chinese Law Society, Dean of the School of Law of Renmin University of China Wang Yi participated in the compilation of the Civil Code throughout the process. He still remembers some important time nodes.
On March 20, 2015, in the fourth conference room of the office building of the Standing Committee of the National People's Congress, Li Shishi, then director of the Legislative Affairs Committee of the Standing Committee of the National People's Congress, announced that the compilation of the Civil Code was officially launched. "At that time, several of the seniors who were sitting next to me said with emotion that today should be a day that can be recorded in history!" Wang Yi recalled.
It was also on this day that according to the decisions and deployments of the Party Central Committee, the working group clarified the "two-step" compilation work plan: the first step is to issue the General Principles of Civil Law; the second step is to compile each section of the Civil Code, and merge the revised and improved drafts of each section with the General Principles of Civil Law into a complete draft of the Civil Code, which will be submitted by the Standing Committee of the National People's Congress to the National People's Congress for deliberation.
is like this, from the official launch in March 2015 to the fifth session of the 12th National People's Congress in March 2017, until the Civil Code was passed by the Third Session of the 13th National People's Congress in May 2020, it took more than five years and the Civil Code finally came to its full fruit.
formulated the Civil Code is the dream of several generations. Over the past few decades, many civil law scholars' black hair has turned into white hair, and many civil law scholars' predecessors have left the world with infinite regrets and expectations.
Civil law scientist and professor of Peking University Law School Wei Zhenying was a cooperative teacher during Wang Yi's postdoctoral period.In the last stage of his life, Wei Zhenying was still concerned about the Civil Code. Before entering the intensive care unit, Wei Zhenying specially called his students, used all his strength and spoke in a faint voice for more than half an hour his thoughts and expectations for the drafting of the Civil Code.
To this day, Wang Yi clearly remembers the last time he went to the intensive care unit to visit Wei Zhenying in 2016. At that time, Wei Zhenying could no longer speak, but he still signaled Wang Yi to tell him about the progress of the compilation of the Civil Code. When Wang Yi was about to leave after introducing the basic situation, he held Wei Zhenying's hand tightly and said, "Teacher Wei, you must persevere and must persevere until the Civil Code is issued in 2020." Hearing this, two lines of tears flowed silently along the corners of Wei Zhenying's eyes.
On June 27, 2016, the draft General Principles of the Civil Law was submitted to the Standing Committee of the National People's Congress for deliberation for the first time, which means that a key step has been taken in the compilation of the Civil Code of China. Unfortunately, on September 5 that year, Wei Zhenying died of illness at the age of 83.
On May 22, the Third Session of the 13th National People's Congress opened in the Great Hall of the People in Beijing. The Civil Code of the People's Republic of China (Draft) is submitted for deliberation. The Rule of Law Daily All Media Reporter Ju Yang Photo by
The civil legal system is mature
People's rights are protected
On the afternoon of May 28, 2020, the moment the Civil Code was passed, National People's Congress deputies , National People's Congress Constitution and Law Committee , and member of the Chinese Academy of Social Sciences Sun Xianzhong sat in the Great Hall of the People, with tears in his eyes. In the venue, the delegates sitting around him turned around and shook hands with him to congratulate him. After the meeting ended, representatives kept coming over to congratulate him at the entrance of the Great Hall.
"I have the honor to file a bill, I have the honor to get affirmation and project approval, I have the honor to put forward legislative plans, I have the honor to put forward suggestions and legislative reports, and I have the honor to participate in the deliberations of the Standing Committee of the National People's Congress and the Constitution and Law Committee throughout the process. Everything is just fortunate. The country is fortunate and the people are fortunate, so I have the honor." On that day, Sun Xianzhong recorded this unforgettable moment with a series of "fortunate".
In 2013, in the first year of being elected as a representative of the 12th National People's Congress, Sun Xianzhong led the proposal to "revise the General Principles of Civil Law as the General Principles of Civil Law and integrate other civil laws as the Civil Code" as a representative. This is also his first proposal to compilation of the Civil Code. Over the past few years, Sun Xianzhong has put forward thousands of proposals, suggestions and legislative reports on the Civil Code. With just one civil rights, there are forty or fifty related proposals.
In March 2018, Sun Xianzhong was elected as a member of the Constitution and Law Committee of the National People's Congress. In August of the same year, drafts of the Civil Code were submitted to the Fifth Session of the Standing Committee of the 13th National People's Congress for deliberation. Since then, Sun Xianzhong has participated in the review of all subsequent drafts of the sub-compilations.
"The compilation of the Civil Code is different from the general compilation of laws. The word "Dict" of the Civil Code marks the maturity of the civil legal system, highlights the changes in legal norms from quantity to quality, and also makes the Civil Code significantly different from other laws." Sun Xianzhong said that from the perspective of comprehensive rule of law, civil law is a basic law that concerns the overall situation. It not only plays a guarantee role in the implementation of the Constitution, but also plays a considerable role in national governance. The Civil Code is also a guarantee of people's rights, and it actually involves every natural person, legal person, social group, etc., not a matter at once, but throughout.
The law is built in prosperous times, and the country will prosper. In Sun Xianzhong's view, the successful birth of the Civil Code was due to the right things done in the right way at the right time. Under the protection of the Civil Code, our country's ability and level of national governance, economic development and people's rights protection will be essentially improved.
On November 22, police from the Agele Border Police Station of the Xinjiang Altay Border Management Detachment carried out the "Into Pastoral Areas, Family, and School" activity of "Into the Civil Code Knowledge". Legal Daily All-Media Reporter Pan Congwu Correspondent He Lewei Wang Youbo
Special Years Special Conference
Expressing the feelings for the people everywhere
In fact, this first law named after the "Code" in the history of New China seemed unique until the last moment of its birth. According to past practice, the first Civil Code should have been welcomed in March 2020, but due to the sudden outbreak of the new crown pneumonia epidemic, this code has been delayed for more than two months.
Faced with the new situation and new problems brought about by the epidemic, this year's National People's Congress meeting was postponed to May. Despite the compression during the session, the suggestions and opinions put forward by the representatives did not shrink at all. The representatives carefully reviewed and fully discussed the important contents of the draft Civil Code.
It is understood that based on the deliberation opinions of various delegations and the opinions of relevant parties, the draft Civil Code has made more than 100 amendments, including more than 40 substantive amendments.
In order to actively respond to social concerns, the conference made full use of the Internet, video and other methods, creating many firsts in the history of the National People's Congress. For example, for the first time, the press conference, ministerial channel and other concentrated interview activities were held through online video.
From "face-to-face" to "screen-to-screen", the epidemic has changed the form of meetings, but the people-centered value concept is still in line with each other. The National People's Congress held during this special period will surely be recorded in history and become an unforgettable memory in 2020.
Reporter's Notes
Although the sudden outbreak of the new crown pneumonia epidemic has brought a lot of pain to 2020 and disrupted people's pace of life, for a reporter, because of the many opportunities to witness history, it is a year worth recalling. Because witnessing and recording history is the responsibility of journalists.
wrote the first report about the Civil Code since 2015. For 6 years, I witnessed the process of the Civil Code from scratch from the perspective of a reporter, which gave me a special feeling for the Civil Code. On the afternoon of May 28, 2020, I sat in the press seat on the third floor of the Great Hall of the People and had the honor of witnessing the historical moment when the Civil Code was passed with my own eyes. At that moment, my eyes couldn't help but turn red.
At present, only a few days before the official implementation of the Civil Code, China has entered the countdown to the era of the Civil Code. Fully implementing the Civil Code is the best way to respect this code. Let us work together!
Source: Rule of Law Daily - Legal Network
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