How will the civil code change people's lives after more than 60 years of polishing?

As one of the highlights of this year's National People's Congress, the draft civil code, which has been brewing for decades and has been compiled for five years, is submitted for deliberation. On the afternoon of 24th, the Third Session of the 13th National People's Congress held a representative group meeting to review the draft Civil Code.

This is the first law named after the code in China, which is of milestone significance. The draft 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 promulgation of the civil code, the existing general principles of civil law, property law and other related laws will be replaced.

Vice Chairman the National People's Congress Standing Committee (NPCSC) said on the 22nd that the compilation of the Civil Code is not a brand-new civil law, nor a simple compilation of laws, but a compilation and revision of existing civil legal norms, a modification and improvement of provisions that are no longer adapted to reality, and a targeted new provision for new situations and new problems in economic and social life.

Wang Liming, deputy head of the leading group of china law society Civil Code Compilation Project, president of china law society Civil Law Research Association and executive vice president of China Renmin University, told CBN that compiling the Civil Code is conducive to promoting the modernization of the national governance system and governance capacity. As a "declaration of civil rights", the civil code is the basic basis for the protection of citizens' private rights, and will also become the institutional basis for the modernization of the national governance system and governance capacity.

Wang Liming believes that the Civil Code has adopted a seven-part style, which breaks through the arrangement of the traditional civil law system and adds a series of personality rights and tort liabilities, which is a great innovation of the civil code system in China.

The civil code is also closely related to the daily life of citizens. The draft responds to many hot issues such as the expiration and renewal of the right to use residential construction land, the protection of personal information and privacy, the cooling-off period of divorce, debt and so on.

Increase the usufructuary right of residence right and clarify the renewal of the right to use residential construction land.

Yang Lixin, a professor of Law School of Renmin University of China, vice president of China Civil Law Research Association and an expert of the National People's Congress Standing Committee (NPCSC) Law Working Committee, participated in the drafting of the draft civil code. He told CBN that in the past, usufructuary rights were all usufructuary rights on land, lacking usufructuary rights on buildings, and this draft of property rights increased usufructuary rights of residence; There is also the issue of rural land, which clarifies the principle of "separation of powers". The draft civil code clearly stipulates that the land contractual management right holder may decide to transfer his land management right to others by leasing, shareholding or other means according to law. These are innovations and highlights.

Meng Qiang, director of the Civil Code Research Center of the School of Law of Beijing Institute of Technology and deputy secretary-general of the china law society Civil Law Research Association, also told CBN that the compilation of the Civil Code responded to the people's demand for the renewal of the right to use residential construction land, which people are more concerned about.

Meng Qiang said that the Property Law stipulates that the right to use residential construction land is automatically renewed, but how to renew it is not clear. This time, it is a step forward on this basis, and it is mentioned that the payment or reduction of fees will be improved by the laws and regulations of the State Council in the future. Although there is no final answer yet, it is a guide when solving difficulties. "For ordinary people's right to use residential construction land, the future fees should be less or no fees, or a very low proportion, which conveys a clear direction."

Qi Bin, director and partner of Shanghai Xinbai Law Firm, said that in view of the problems generally reflected by the masses in recent years, such as the difficulty in establishing the owners' meeting and the difficulty in using public maintenance funds, the draft further improved the system of differentiated ownership of owners' buildings on the basis of the current property law.

Regarding usufructuary rights, Qi Bin said that the draft has been further improved on the basis of the current property law, such as implementing the Central Committee of the Communist Party of China's requirements for improving the property rights protection system and clarifying that the use period of residential construction land will be automatically renewed; The payment or reduction of the renewal fee shall be handled in accordance with the provisions of laws and administrative regulations. Delete the stipulation that the right to use cultivated land cannot be mortgaged to meet the needs of land management rights entering the market after the separation of powers. In addition, in order to implement the requirements of the 19th National Congress of the Communist Party of China on accelerating the establishment of a multi-agent supply and multi-channel housing security system, a new type of usufructuary right "residence right" is added, which clarifies that the residence right is established free of charge in principle, and the obligee has the right to occupy and use other people's houses by registration according to the contract or will to meet their stable living and living needs.

Xie Hongfei, director of the Civil Law Office of the Institute of Law of the Chinese Academy of Social Sciences and secretary-general of the Civil Code Compilation Working Group, told CBN that the draft Civil Code further extended the scope of equal protection to all property rights. For example, in the process of "mixed reform", the legal status of state-owned shares and other civil subject shares is also equal. This will greatly improve the level of legal protection of property rights in China and greatly improve the business environment.

Better privacy protection

In the draft civil code, the right of independent personality is undoubtedly one of the biggest highlights. Among personality rights, the most important thing is the protection of personal information and privacy.

Especially in today's era of big data, personal information spreads rapidly on the Internet, and people are particularly worried about personal information and privacy. The draft civil code has undoubtedly given people a "reassuring".

Nan Yutong, a lawyer from the legal department of TalkingData, a big data service platform in Beijing, told CBN that the provisions of the draft civil code on the right to privacy have formed a complete legal protection system for the right to privacy, further realizing the law to follow.

The draft civil code changes the definition of privacy to that privacy is private space, private life and private information that natural people are quiet and unwilling to know. It is clearly stipulated that no organization or individual may infringe upon the privacy rights of others by spying, harassing, leaking or making public.

Nan Yutong said that compared with the previous general principles of civil law, the civil code has more detailed protection of privacy, increased the content and scenes of privacy protection, and made specific explanations and regulations on the protection of personal information forms.

The draft civil code also paves the way for the forthcoming personal information protection law, which further embodies the importance of protecting personal information.

Nan Yutong said that the country is in the legislative process of the Personal Information Protection Law, which is expected to be officially promulgated this year and next.

The cooling-off period system of divorce has aroused extensive discussion.

The draft Civil Code for Marriage and Family has newly established a cooling-off period system for divorce by agreement, which stipulates that "within 30 days from the date when the marriage registration office receives the application for divorce registration, the party unwilling to divorce may withdraw the application from the marriage registration office".

The 30-day cooling-off period system of divorce has aroused extensive discussion, among which there are many opposing voices. Some people think that this will limit the freedom of divorce, and a cooling-off period should not be set for marriages with domestic violence.

"The divorce cooling-off period system has a great response in the lawyer circle." Wang Xiaocheng, a partner of Guo Hao Law Firm, told CBN that generally speaking, divorce cases involving professionals like lawyers are often contradictory, and most of them will not agree to divorce, but will file divorce proceedings. As far as the divorce agreement is concerned, it is also formed by the two sides after a long period of communication, calmly weighing the pros and cons, and compromising each other, and will not be impulsive.

"The cooling-off period of divorce will positively guide rational divorce, but in some cases, it will increase the time cost." What worries Wang Xiaocheng even more is that this may increase the variables and uncertainties of divorce by agreement in practice, thus increasing the workload of the Civil Affairs Bureau, and even making divorce by agreement a lawsuit and increasing the burden on the court.

However, Meng Jianjun, head of the litigation department of Shanghai Demei Law Firm, told CBN that it is necessary to set up a cooling-off period system for divorce, because the cooling-off period is mainly aimed at divorce by agreement, and there are indeed a lot of arbitrary cases in divorce by agreement. After all, as far as divorce proceedings are concerned, it usually takes more than one month from the court's acceptance to the end of the first trial, and the court will repeatedly persuade them in the whole process.

As for divorce cases involving domestic violence, Meng Jianjun said that the current divorce system through litigation is relatively sound. If there is domestic violence, you can apply for an injunction, and if you are worried about the transfer of property, you can apply for property preservation.

The current marriage law does not clearly stipulate the determination of husband and wife's debts during the marriage relationship. 2065438+June 8, 2008, 65438+1October 65438+2065438, the Supreme People's Court's Interpretation on Relevant Issues Concerning the Application of Law in the Trial of Cases Involving Husband and Wife Debt Disputes came into effect, which clarified the principle of "* * * debt * * *", and this interpretation was also written into this draft civil code.

The interpretation stipulates that the husband and wife shall jointly sign or one of them shall ratify afterwards, and so on * * * means debts with the same meaning; The debts incurred by one spouse in his own name for the daily life of the family during the marriage relationship belong to the same debt of husband and wife.

In Wang Xiaocheng's view, it helps to protect the interests of debt-free spouses. At the same time, he believes that clarifying the principle of "* * * debt * * *" can effectively prevent the emergence of false debts during divorce.