Complete works of empirical examples of civil code
The Civil Code is a basic civil law, covering all aspects of citizens from birth to death. The research shows that the civil code has established the green principle as the basic principle, strengthened the protection of the civil rights of the fetus and improved the guardianship system; Personal information protection clauses have been added, and the protection of network virtual property has been strengthened; The part of personality rights is added, emphasizing the maintenance of citizens' personal dignity and the protection of life, body, health, name, name, portrait, reputation, honor and privacy; Explicitly prohibiting high-interest loans and sexual harassment, solving the problem of throwing things at high altitude, and protecting the legitimate rights and interests of the courageous people will have a great impact on our actual life and need everyone's attention and understanding.
Article 2 The Complete Collection of Experience Examples of Civil Code
The first civil code of People's Republic of China (PRC) will come into effect on 202 1, 1. The full name of the Civil Code is the Civil Code of People's Republic of China (PRC). The civil code is now a draft. It is divided into seven parts, including general provisions, property rights, contracts, personality rights, marriage and family, inheritance, tort liability and supplementary provisions, with a total of 84 chapters, 1260 and 65438. This law covers all aspects of people's lives, from state ownership and land system to family marriage and neighborhood disputes. For example, the protection of fetal rights, automatic renewal after 70 years, and virtual property inheritance rights have been discussed more in recent years. It is no exaggeration to say that the rights of a person at all stages of his life, from birth to death, can be found in the civil code.
The third complete experience of civil code
As the old saying goes, "Take copper as a mirror to dress, people as a mirror to understand the gains and losses, and history as a mirror to learn the rise and fall." Many things happened in the calendar can be used as a mirror to govern the country and society today. We need this kind of mirror, this kind of rule of law, this kind of people-oriented values. President Xi emphasized: "Only by persisting in moving from history to the future and forging ahead from the continuation of national cultural blood can we do a good job in today's cause." China's civil code is a great creation of human legal civilization, and the excellent legal and cultural tradition of the Chinese nation is the historical basis of China's civil code. The civil code is closely related to the vital interests of every citizen. Each of our teachers should be a good example of social citizens, respect the law and be good at using legal weapons to protect themselves.
The fourth civil code experience complete works
On the afternoon of July 29th, 2020, I watched and studied the special report of "Hundreds of Reports of 100 Jurists" broadcast live by People's Daily. After studying and listening to the report today, I have a deeper understanding and understanding of the great significance of the drafting, formulation, promulgation and implementation of the Civil Code, which is of great significance for improving China's legal system, occupies an important position in China's legal system, and has important symbolic significance for comprehensively governing the country according to law. As teachers in party member, they should take the lead in learning and understanding, abide by the law, love their posts and work hard, and strive to be a "pilot" in the promotion and implementation of the Civil Code.
Article 5 The Complete Collection of Empirical Examples in the Civil Code
The civil code is a civil code that embodies the equal protection of life and health, property safety, convenient transaction, happy life and personal dignity. It is also a civil code with distinctive characteristics of China, practice and times. Compared with the previous legal provisions, there are many changes in the Civil Code. The new regulations on life dignity, health right, patients' right to make independent decisions and patients' personal information provide a stronger basis for the protection of patients' rights and provide guidance for the internal purpose and development direction of medical care. The civil code declaratively stipulates the right to life, body and health, which provides a code of conduct for medical activities to a certain extent, that is, patients' rights to life, body and health are protected by law and may not be violated by any organization or individual. A government without the concept of civil law may not represent the interests of the people, let alone a government ruled by law. If a person has no concept of civil law, then his concepts of personality, rights, interests, freedom and responsibility can not be perfected. Therefore, the cultivation of citizens' legal awareness is not only the responsibility of the government, but also the conscious behavior of the whole people.
Article 6 The Complete Works of Civil Code Experience
On May 28th, 2020, the Third Session of the xx National People's Congress voted to pass the Civil Code of People's Republic of China (PRC), which came into effect on October 28th, 2002 1,1. The Civil Code consists of ***7 parts 1260, which are general provisions, property rights, contracts, personality rights, marriage and family, inheritance, tort liability and supplementary provisions. After the implementation of the Civil Code, nine laws including General Principles of Civil Law, General Principles of Civil Law, Property Law, Contract Law, Guarantee Law, Marriage Law, Inheritance Law, Adoption Law and Tort Liability Law were abolished at the same time. Using the time before implementation, I began to study the Civil Code, and first read through the book Property Right. After reading it through, no obvious changes were found; I did feel some changes after reading it for the second time. I can foresee that these changes will have an impact on social norms, and sum up my superficial experience. Please correct me if there are any mistakes.
First, strengthen the scope of autonomy of the will.
Autonomy of the will means that in civil activities, the expression of the will of the civil subject is independent and free from illegal interference by state power and other parties. The parties decide the establishment, alteration and termination of civil legal relationship according to their own subjective judgment. Many clauses in the Civil Code have expanded the scope of party autonomy more broadly and clearly. For example, article 22 1 of the first part stipulates that the scope of real estate advance notice registration is extended to the agreement of real estate rights, and it is no longer limited to the agreement of house sale. In the future, the real estate mortgage contract between natural persons can be registered in advance, and the registration authority may not refuse it. Article 264 of the second part stipulates the right of inspection and reproduction of rural collective members. The right of inspection and reproduction first appeared in company law and criminal procedure law. This article applies it to the vast village collectives, which embodies the principle of guaranteeing the autonomy of village collective members from the civil law, consolidates the achievements of poverty alleviation and reduces the corruption of village cadres. Article 278 The perfection and revision of the owner's decision clarifies the mechanism of the owner's decision, increases the decision items, reduces the minimum voting requirements, and helps to improve the operability of the owner's autonomy and make it easier for the owner's autonomy to be realized. The fourth part, Article 404, changes the validity of the mortgage clause, from the previous invalid clause to the priority of the mortgaged property according to law. This relatively moderate change also embodies the principle of respecting the autonomy of the parties, which better balances the autonomy of the parties and maintains the exchange value of the mortgaged property.
Second, the right of residence was born.
The common usufructuary right is "one city and two townships, one belongs to everyone", that is, one city is the right to use construction land, other rural areas are the right to use homestead and land contractual management, and one is easement. However, according to Article 366 of the Civil Code, the right of residence has become a new usufructuary right. According to the contract, the obligee has the right to occupy and use the usufructuary right of others' houses in order to meet the needs of living and housing. The right of abode contract shall be registered in writing. Houses with the right of residence shall not be rented without the consent of both parties. It feels like a lease. The difference between the right of residence and the lease contract is that the principle of 1 right of residence is established free of charge (except as agreed by the parties). 2. Registration and establishment of residence. 3 Not limited by the invalidity of the lease contract with a lease term of more than 20 years. The right of residence belongs to the category of real right. It can be seen that the real estate registration agency will undertake the business of residence registration in the future. Corresponding to daily life, there are low-rent housing, public rental housing, long-term rental housing, and elderly people without housing who support the elderly with housing. The establishment of residence right should have a great influence on the value of real estate. If you buy real estate with the right of residence, it is still the owner of the right of residence, which will inevitably affect the value of real estate and may be reflected in the transaction price. The birth of the right of residence will add a lot of uncertainty to the real estate market, but it will certainly increase the difficulty of the implementation of real estate.
Three. Encourage the registration of security interests
According to Article 403 of the Civil Code, the establishment of chattel mortgage still adopts the doctrine of meaning, but the expression of a bona fide third party is not allowed without registration, which extends all chattel mortgages from the provisions of floating chattel mortgage. The significance is that chattel mortgage encourages registration. Article 4 14 stipulates that if multiple mortgages are set on the same property, the principle of registration priority remains unchanged, except that when both mortgages are registered, the old law will pay off according to the proportion of creditor's rights, while this article strictly determines the payment order according to the registration time, and the same payment order has since withdrawn from the historical stage, further forcing the mortgagee not only to register, but also to register quickly. Article 4 15 stipulates that when pledge and mortgage compete, the order of settlement shall be determined according to the time sequence of registration and delivery.
Although the change of real right in the Civil Code does not exist, its impact on social life is unpredictable. Limited by cognition, there are still many incomplete places in the overview of real right, because some provisions are not fully understood, and some cognition even needs to be corrected, which undoubtedly needs further study and practice. However, learning new things is an endless process. There will always be a moment when you may understand what you didn't understand before and see what you haven't seen before.