Traditional Culture Encyclopedia - Traditional culture - What does the Civil Code involve?
What does the Civil Code involve?
1. What are the basic principles of the Civil Code?
1, principle of equality: all civil subjects have equal legal status in civil activities.
2. Voluntary principle: When engaging in civil activities, civil subjects should follow the voluntary principle and establish, change and terminate civil legal relations according to their own wishes.
3. Principle of fairness: Civil subjects should follow the principle of fairness in engaging in civil activities and reasonably determine the rights and obligations of all parties.
4. Principle of good faith: Civil subjects engaged in civil activities should follow the principle of good faith, uphold integrity and keep promises.
5. Principles of abiding by the law, public order and good customs: Civil subjects engaged in civil activities shall not violate the law or public order and good customs.
6. Green principle: Civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment.
2. What are the characteristics of the Civil Code?
(1) is a typical early civil code. The Civil Code clearly expresses the civil law principles of individualism and liberalism, and defines the meanings of the three civil law principles of unlimited private property, freedom of contract and negligence liability, which is in line with the economic conditions of free competition.
(2) It reflects the compromise between the reform principle and tradition. The Civil Code has maintained the spirit of reform, especially on the necessary issues to ensure the development of economic relations.
(3) Pay attention to practical application. The Code has no general principles, too many abstract concepts, and the actual code is concise and clear. The concept of flexibility is few, and the judicial organs have little discretion in implementing norms; The specific arrangement of the code does not emphasize science and rigor, but starts from the convenience of use.
(4) The language is easy to understand, forming a concise legal style.
Three, the five basic characteristics of the Civil Code
1, the relationship between the civil law and the constitution, the formulation of the civil code must be clear "in accordance with the constitution" and reflect the spirit of the constitution.
2. The relationship between the basic categories of civil law and law, especially the core concepts of legal system such as legal subject, legal act, legal relationship, legal rights, legal obligations and legal responsibilities, should be scientific and accurate, with internal consistency and external unity, so as to avoid the conflict of the same concepts between civil law and jurisprudence.
3. The relationship between the thinking of civil law and the thinking of rule of law should be embedded in the thinking of rule of law, and the formulation of the civil code should serve as the institutional support for comprehensively promoting the modernization of the rule of law, national governance system, governance model and governance capacity, and as the inherent requirement for realizing the core values of rule of law such as safeguarding human rights, maintaining fairness, promoting harmony, promoting development and leading fashion.
4. The relationship between the Civil Code and the Civil Procedure Law. When formulating the civil code, we should try our best to avoid the duplication of civil substantive law and civil procedure law, and leave enough room for the civil procedure law to realize its procedural value.
5. The relationship between civil law and social life. The Civil Code is an encyclopedia of social life. Civil law comes from social life, responds to the needs of social life and leads the direction of social life.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1260 This Law shall come into force as of 20211. Marriage Law of the People's Republic of China, Inheritance Law of People's Republic of China (PRC), General Principles of Civil Law of People's Republic of China (PRC), Adoption Law of People's Republic of China (PRC), Guarantee Law of People's Republic of China (PRC), Contract Law of People's Republic of China (PRC) and Contract Law of People's Republic of China (PRC).
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