On the adjustment object of China's civil law

The object of adjustment of China's civil law can be summarized as: the property relationship and personal relationship between natural persons, legal persons and other organizations as equal subjects. Property relations regulated by civil law are concrete economic relations, while property ownership relations and circulation relations regulated by civil law are based on equality and voluntariness.

legal ground

Article 2 of the Civil Code

Civil law regulates the personal relations and property relations among natural persons, legal persons and unincorporated organizations as equal subjects.

According to Article 2 of the General Principles of Civil Law, China's civil law regulates the property relations between equal subjects. The so-called property relationship refers to the relationship with economic content formed in the process of production, distribution, exchange and consumption. Property relations are based on social relations of production, involving all aspects of production and reproduction, including various relations of different nature. China's civil law only adjusts a certain range of property relations, that is, the relationship between equal civil subjects, with property ownership and exchange as the content. The property relationship of equal subject sheep has the following characteristics: (1) Civil corruption has equal status in civil law. Marx pointed out that commodities are "born equal". Any subject who enters the market to engage in trading activities should have an equal and mutually beneficial relationship. When Zhan's property interests are damaged, he shall be compensated with the same value. (2) The parties have the freedom to express their wishes. This is determined by the equal status of civil subjects. Since the status is equal, the expression of the parties should be free. No matter how different the economic strength of the two sides is, no matter what position they are in administrative relations, they are not allowed to impose their will on others. No agreement can be reached without voluntary consultation between the two sides. (3) Equivalent compensation. This is the legal status of civil recognition and its own economic interests. Therefore, most of the property relations adjusted by civil law should implement the principle of price compensation. However, the law also allows the parties to form civil relations such as gift, loan, unpaid guardianship and unpaid agency. Of course, to form this relationship, we must also adhere to the principle of equality and voluntariness required and decided by the commodity economy.