I. Civil Code in Statutory Law (1) Constitution

Constitution is the fundamental law of the country, which has the highest legal effect and is the legislative basis of civil law. The principles and provisions in the Constitution are the basis of civil law, such as the provisions on ownership and the basic rights and obligations of civil subjects, which are not only the legislative basis of civil law, but also the legal norms for adjusting civil relations.

(2) General Principles of Civil Law and Separate Civil Law

The general principles of civil law stipulate the principles and systems of communication in civil life. In the source of civil law, the general principles of civil law are in the guiding and core position. In addition, contract law, guarantee law, marriage law, inheritance law, company law and copyright law are all important separate civil laws. Other laws, such as cultural relics law, grassland law, mineral resources law, forest law and water law, also contain important civil law norms.

(3) Civil laws and regulations formulated and promulgated by the State Council.

Civil legal norms formulated by the State Council are also an important source of civil law, but they must not contravene the Constitution and laws. There are two types of civil laws and regulations enacted in the State Council: one is based on the administrative functions of the government and matched with the laws enacted by the legislature, such as the Regulations on the Registration of Enterprise Legal Persons, the Regulations on the Implementation of Copyright Law and the Detailed Rules for the Implementation of Patent Law. There are also single administrative law and civil legal norms, such as land management law, urban real estate management law, and urban private housing management regulations.

(4) Local regulations, autonomous regulations and separate regulations.

Some local regulations, autonomous regulations and separate regulations belong to folk norms. On the premise that different constitutions, laws and administrative regulations are in conflict, according to the legislative authority stipulated in the legislative law, the organs with the power to formulate local regulations can formulate local regulations, autonomous regulations and separate regulations. However, local regulations, autonomous regulations and separate regulations can only be effective within the administrative area under the jurisdiction of the makers.

(5) Rules and regulations

According to the provisions of the Legislative Law, there are departmental rules and local government rules. Some rules are civil norms, and rules are also the main source of civil law.

(vi) Civil law norms in international treaties

International conventions or bilateral agreements signed by our government and approved by the National People's Congress have the same legal effect as domestic laws, and are also one of the important legal sources, such as the United Nations Convention on Contracts for the International Sale of Goods and the Paris Convention for the Protection of Industrial Property.

Two. Interpretation documents of civil law norms

Normative documents of civil interpretation in the Supreme People's Court

The Supreme People's Court's systematic interpretation of civil law and the interpretation of law application are binding on court trials, so they also have the nature of legal norms. There are many systematic civil legal interpretation documents formulated by the Supreme People's Court, such as Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (Trial) (hereinafter referred to as Opinions), Explanations on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC) (hereinafter referred to as Interpretation of the Guarantee Law), Opinions on Several Issues Concerning the Trial of Reputation Rights Cases, etc.

Three. National policy (dispute)

4. Habit The so-called habit is a regular practice formed by people in their daily lives and transactions. According to its application, habits can be divided into regional habits and trade habits, living habits and trading habits. China's civil law has no general provisions on the validity of custom; However, there are also some separate laws that affirm the customary effect, such as Article 125 of the Contract Law, which allows the use of trading habits to explain ambiguous clauses in contracts.