What is the significance of systematization of civil law? Talk about your understanding and views on>.

The so-called civil code system is a system of rules to adjust the relationship between equal subjects, which has internal organic relations. It can also be said that it is a logical system that organically combines the rules of civil law into the civil code. With the start of the civil code compilation project, the primary problem faced by scholars and legislators is how to build and establish the civil code system. This paper intends to talk about some views on this.

First, the necessity of building a civil code system

The fundamental purpose of exploring the civil code system is to obtain a complete civil code system, so as to establish a logically rigorous and systematic civil code under the support of this system. It can be said that the establishment of the civil code system is of decisive significance to the formulation of the civil code, which is mainly based on the following reasons:

First, systematization and systematization are the inherent requirements of the Civil Code. Code in the modern sense, as the highest form of written law, is a code that pursues systematization and strict logic. The characteristics of civil code are systematicness and logicality, and system is the life of civil code. The "Civil Code" lacking systematicness and logicality can only be called "Civil Code Compilation", but not the Civil Code. The civil code must meet the requirements of formal rationality, which is largely reflected in the integrity of its system. Moreover, the formulation of the Civil Code is based on the concept of codification, which will make comprehensive and complete provisions on private law relations involving people's lives under certain principles (Note: Wang Zejian: General Principles of Civil Law, China University of Political Science and Law Press, 200 1 Edition, p. 22. The system of the civil code is the pillar and skeleton of the civil code, which can play the role of planning and outlining, making the civil code clear and rigorous. Therefore, the establishment of the civil code system is of decisive significance to the formulation of the civil code. Therefore, exploring the civil code system is determined by the inherent attributes of the civil code itself.

Secondly, systematization is helpful to fully implement the basic values of civil law in the whole civil code system, such as equality, honesty and credit, autonomy of private law, and ensuring transaction security. At the same time, it helps to eliminate and prevent conflicts and contradictions between the values of the whole code. Although a single law can carry out one or more civil law values in a certain field of social life, it cannot achieve the harmony of various basic civil law values in all civil law fields. As Mr. Wang Zejian, a scholar in Taiwan Province Province, said, the formulation of the Civil Code is based on the concept of codification, that is, the private law relations involving people's lives will be comprehensively and completely adjusted under certain principles (Note: Wang Zejian: General Principles of Civil Law, China University of Political Science and Law Press, 200 1 Edition, p. 22. For example, a major difference between modern civil law and ancient civil law is that modern civil law not only pays attention to the protection of property ownership, but also pays attention to the maintenance of transaction security. When maintaining transaction security conflicts with protecting ownership, modern civil law gives priority to protecting transaction security. This concept of giving priority to protecting transaction security is embodied in various chapters of the Civil Code. For example, the agency by estoppel system in the General Principles, the bona fide acquisition system in the Property Law and the unauthorized disposition system in the Contract Law all reflect the value choice of protecting transaction safety first. Therefore, only through the codification of civil legal norms can all kinds of values in civil law be consistent and their conflicts and contradictions be coordinated.

Thirdly, systematization helps to eliminate the confusion and conflict of the current civil legal system, integrate various legal systems into an organic whole, and thus establish a harmonious and consistent civil norm system. Because many single-line civil laws and regulations in China are formulated at different stages of reform, some laws are also expedient measures to meet the needs of legal adjustment at different stages of reform or to adapt to specific purposes or environments. Due to the lack of comprehensive consideration of subsequent legislative activities at the beginning of legislation and the lack of systematic consideration of civil law itself, there are often conflicts and contradictions between various laws and regulations. In the process of formulating the civil code, the confusion and conflict in the current civil legal system can be eliminated by establishing the civil code system, and various legal systems can be integrated into an organic whole, so as to realize the unification of civil laws in China and establish an internally coordinated civil norm system. After the establishment of the civil code system, the logical structure of civil common law and special law can be formed, and general rules and specific rules can be distinguished in civil common law. In the internal structure of civil law, a harmonious system can also be formed between civil code and individual civil legislation, especially commercial special law. After the construction of this system, a set of strict applicable rules of law can be formed, which can effectively provide the corresponding code of conduct system for actors and a complete, harmonious and clear system of judgment rules for judges.

Fourthly, the civil code constructed according to a scientific and complete system is helpful to the observance and application of civil law norms. On the one hand, the codification of civil law can provide great convenience for judges and other legal workers to apply civil law. The difference between the Civil Code and case law is that it is easy to apply. On the other hand, systematization will also encourage legal workers to form systematic thinking concepts when applying civil law. Systematization requires us to master the systematic civil legal norms. For example, when establishing the debt claim, we should consider the debt claim system, and on this basis, we can apply the law with the concept of system. For example, when analyzing what kind of claim the plaintiff enjoys in a specific case, we should first judge whether there is a contractual relationship between the plaintiff and the defendant, then consider whether there is a claim for management without cause or unjust enrichment, and finally judge whether there is a claim for tort damages. Therefore, systematization can urge legal workers to analyze and solve cases with the concept of systematization, and solve disputes in social life in an all-round way. (Note: Dieter Medicus: Burgerlich Recht, Carl Hey Manns Verlag, 1999, P5-9. )

Fifth, systematization helps to ensure the stability of civil legal norms, thus ultimately achieving the stability of social life relations and people's predictability of social life. As Professor Huang Maorong, a scholar in Taiwan Province, said, the legal system can not only improve the "understandability" of the law, thus improving its "practicality" in application, but also improve the "predictability" of the judgment, thus improving the "stability" of the law. As long as the system it forms is "perfect", every legal problem can be satisfactorily answered by logical operation alone. (Noe: Huang Maorong: Legal Method and Modern Civil Law, China University of Political Science and Law Press, 200 1, p. 47 1. The systematization of the civil code is to abstract the most basic rules in civil social life and stipulate them in the civil code. Through the arrangement of this system, it will become a stable rule and gain long-term vitality, and will not be changed at will because of a certain national policy.

In the construction of the civil code system, we should not completely copy the five-series model of Germany, but should innovate and develop on this basis. In the past 100 years, great changes have taken place in the whole world, economic life is highly complex and diversified, and science and technology have advanced by leaps and bounds. As the basic law of economic life, the system and content of civil law should also keep pace with the times. Times have changed, and political reform is appropriate. "Wise men change with the times, and wise men change with the times", so we must set out from the reality of China and build a civil code system with China characteristics. On this basis, we can formulate a civil code that conforms to China's national conditions, reflects the needs of the times, and faces 2 1 century, so that the formulation of the civil code can play a huge role in social life and make our due contribution to the development of world law!

Second, to build a civil code system, we must deal with the relationship between the civil code and the separate civil law.

The relationship between civil code and separate civil law is a big problem in the construction of Chinese civil code system. On February 22nd, 2002, 65438, the first draft of China's Civil Code was submitted to the National People's Congress Standing Committee (NPCSC) for deliberation. In addition to the general provisions, the draft also stipulates eight parts, namely: property rights, contracts, personality rights, marriage, adoption, inheritance, tort liability and the legal application of foreign-related civil relations. One of the most controversial issues about this style is which specific civil laws should be included in the civil code and which should not. For example, some scholars believe that the Adoption Law should not be included in the Civil Code, while others believe that various intellectual property laws such as copyright and patent law should be included in the Civil Code. Others believe that trust law and labor law should also be stipulated in the civil code and compiled independently. All views are reasonable.

It should be noted that the system of civil code is not closed, but open, and it will change with the development of social economy and culture. If the development of social and economic life in the future really needs to bring some important special civil laws into the civil code system, then it is extremely necessary to make a breakthrough in the civil code system at that time. However, the Civil Code is not an all-encompassing and complex collection of laws. Compiling the civil code does not mean that any legal system belonging to civil aspects should be incorporated into the civil code as much as possible. The civil code is not all-inclusive. Therefore, the establishment of the civil code system must deal with the relationship between the civil code and the separate civil law. I think the relationship between the civil code and the civil single law should be considered from the following aspects:

First of all, the Civil Code provides basic and universally applicable rules for various civil activities. Civil Code provides basic rules for civil social life, which belongs to the most common and basic civil legislation in the whole national civil legislation system. However, social life is changeable and complicated, and a large number of one-way laws are needed to adjust various civil relations. However, these single-line civil laws do not all need to be incorporated into the civil code. Only the most basic rules that are generally applicable in social life should be stipulated by the civil code, while those rules that are highly technical and only applicable to personal and local civil relations should not be stipulated by the civil code, but should be solved by a separate law. For example, the property law mainly solves the relationship between people's possession, use, income and disposal of property rights, which is a universally applicable rule in the market economy, while the trust law only adjusts the trust relationship, not the universal relationship. Therefore, the property law should be incorporated into the civil code, and the trust law should be regarded as a separate law outside the civil code.

Second, the system and rules established by the Civil Code should maintain strong stability. As the highest form of grammar, the civil code must maintain maximum stability and cannot be amended or abolished frequently. This kind of stability is the basis for the civil code to realize the stability of social relations and people's predictable functions in social life. Some civil codes are even summaries of the rules followed by human market activities for thousands of years. As for the legal rules that often change with social and economic life, they should be stipulated by special civil laws. For example, many rules of property rights and creditor's rights in the civil code are legal reflections of trading relations and have strong stability. However, the specific rules of intellectual property rights are constantly changing and developing. If all kinds of highly technical intellectual property rules that adapt to social, economic and cultural development are incorporated into the civil code, it will undoubtedly hinder the stability of the content of the civil code.

Third, the Civil Code mainly adjusts the basic civil legal rules in the field of private law. As for the legal rules at the intersection of public law and private law, such as labor law, insurance law and social security law. Because they are not purely civil legal rules and reflect the strong nature of state public power intervention, they should be legislated separately. For example, German scholars call the labor law "special private law", because the labor law is not completely pure private law, and the conclusion of labor contracts is not based on complete freedom of contract, and the state often has to intervene a lot.

Fourthly, the civil code mainly stipulates the transaction rules of entities and the procedural issues closely related to the transaction rules of entities. For example, real estate registration rules can be stipulated in principle in the Property Law, but those very trivial, specific and highly technical procedural provisions should be stipulated by separate laws. For example, the specific procedural rules of patent and trademark registration in intellectual property law should not be stipulated in the civil code. In this sense, I think the adoption law involves a large number of specific procedural rules, among which more are the strict restrictions imposed by the state on adoption conditions based on public interests, so some scholars think that the adoption law should not be included in the civil code, which is also reasonable.

When dealing with the relationship between civil code and separate law, the most controversial issue is how to arrange the legal norms of intellectual property rights. Undoubtedly, intellectual property belongs to a type of civil rights, and intellectual property law should also belong to the category of civil law. China has formulated and promulgated the Copyright Law, Trademark Law and Patent Law. Should all these laws be incorporated into the civil code? There are two different views on this. In my opinion, it is not advisable to incorporate all individual intellectual property laws into the civil code. The main reasons are as follows: First, the intellectual property system itself is a very complicated normative system, and intellectual property itself is a comprehensive legal normative system, involving both procedural law and substantive law, public law and private law, international law and domestic law. Obviously, it is difficult to incorporate it into the civil code. Instead of this, it is better to formulate a special intellectual property law and concentrate the relevant contents of intellectual property rights. Second, intellectual property itself is an open legal system. Intellectual property itself is constantly changing and developing. Since the rise of the new technological revolution in the middle of the 20th century, there has been a kind of marginal protection law in intellectual property law, that is, using some rules of patent right and copyright to create an industrial copyright system, such as layout design of integrated circuits. For another example, the scope of copyright neighboring rights is gradually expanding with the improvement of communication technology. For example, rights such as information network communication rights belong to the category of intellectual property rights. Therefore, once the types of intellectual property are fixed in the code, it may not meet the needs of the development of intellectual property. Third, if the intellectual property law is incorporated into the civil code, it will hinder the harmony of the civil code system. The Civil Code is a basic law, so it should maintain a certain stability and cannot be changed frequently, which determines that its rules should be universally applicable and relatively abstract. However, the technical provisions of intellectual property law are numerous and changeable. If this frequently changing law is put into a relatively stable and systematic civil code, it will undoubtedly greatly damage the stability of the civil code. In my opinion, intellectual property rights should not be stipulated as an independent part in the civil code. The second or third mode can be considered in the civil code, that is, only the same rules of intellectual property rights are stipulated, or intellectual property rights are only confirmed in the object of civil rights. This has two functions: one is to declare that intellectual property rights are civil rights, and the other is that the rules of * * * are not well stipulated in special laws, but can be stipulated in the civil code.

Third, take the elements of legal relations as the basic idea of building a civil code system.

Although we can't completely copy the German model, I think we should learn from the German model and adopt the elements of legal relationship to build our civil code system. One of pendleton School's great contributions is to regard the elements of legal relations as the framework for constructing the general system of civil code. It is of great significance for the German Code Law to create general provisions. At that time, German legal scholars all thought it necessary to establish general principles for various legal relations. (Noe: Chen Qiyan: Basic Issues of Kinship and Inheritance Law, Taiwan Province Sanmin Publishing House, 1980, p. 3. ) In other words, pendleton School applied the whole theory of legal relationship to the code, and constructed a complete civil code system structure. Specifically, the system of subject, behavior and object is established in the general provisions, and then the content of legal relationship is established in the specific provisions, mainly civil rights, including creditor's rights, property rights, right of relatives and inheritance rights. When the subject, behavior and object established in the general provisions are combined with the rights in the specific provisions, a complete legal relationship is formed. For example, the subject, behavior, object and real right system in the general principles are combined to form a complete legal relationship. Because all the elements of legal relationship have been possessed, a complete legal relationship has been formed, and this framework model embodies the rigor and scientificity of Pendleton system.

If we want to adopt Pandekton's basic idea of formulating the civil code system, then the general principles should be constructed according to the elements of legal relations, and at least the following contents need to be stipulated: First, the subject system. The subject is a natural person or legal person who enjoys civil rights and undertakes civil obligations. The civil subject system is an independent subject, including the provisions on the necessary civil rights and civil capacity of natural persons and legal persons, and it is the legal reflection of the parties involved in commodity relations. Civil subjects mainly include natural persons, legal persons and partnership enterprises. Second, the object is the object of civil rights and obligations. According to the systematic thought of conceptual law, the constituent elements of the object stipulated by law should be decomposed into several elements, which should be summarized to form a category concept, and through typology at different levels, concepts with different abstract levels can be formed, thus forming a system. (Noe: Larenz: Methodology of Law, p. 356. The reason why the object system is stipulated in the general provisions is mainly because the concept of legal act has been abstracted in the general provisions of civil law in China, and the object that constitutes the essential elements of legal act should and can be abstracted. Establish an abstract object concept, which can cover the objects developed in the future. As the object itself is a developing concept, with the rapid development of science and technology and the changes of social life, intangible property rights are expanding rapidly. Recently, some scholars believe that pensions, employment opportunities, business licenses, subsidies and political franchises all belong to the category of property rights. (Note: Lawrence M. Friedman's Law of the Living, Law of the Dead: Property, Success and Society, 1996 Wis.L. Rev.340) Therefore, the term object of rights contains a wide range, which requires the concept of object to be more inclusive. Third, behavior, civil juristic act, also known as juristic act, refers to the behavior of the civil subject with the purpose of establishing, changing and terminating civil rights and obligations and with the expression of will as its content. Civil legal system and its related theories, as the general provisions in the general principles of civil law, occupy an important position in modern civil law theory; Although China does not recognize the theory of juristic act of real right or marriage as a contractual act, the system of civil juristic act is still very extensive. As an abstract concept, this system not only dominates the specific rules of creating rights such as contract law, will law and adoption law, but also forms a unique legal adjustment system different from the legal system in civil law. It can not only adjust the behavior between existing civil subjects, but also cover many new forms of transactions and regulate them. Moreover, it summarizes a series of exquisite concepts and principles in civil law in a complete and systematic theoretical form, forming a remarkable independent theoretical field. (Note: See Dong Ansheng: Civil Legal Acts, Preface, Renmin University of China Press, 1994. Fourth, civil liability. Civil liability is the result of non-performance of civil obligations, and it is also a sanction for non-performance. There has been a heated debate in academic circles about whether the civil liability system should be stipulated in the general provisions. Some scholars have suggested that China's General Principles of Civil Law only set up the civil liability system, so the civil liability system should be stipulated in the general principles. In my opinion, it is impossible for the general rules to specify the specific content of civil liability in detail and comprehensively, because neither contractual liability nor tort liability belongs to the general rules, but to the specific rules. Although the specific rules of "civil liability" should not be stipulated in the general provisions, it is necessary to stipulate the general concepts and principles of civil liability in the general provisions, because on the one hand, the concept of general civil liability stipulated in the general provisions determines the particularity of civil liability, because it is appropriate to stipulate the concept of civil liability only in the general provisions, but not in any other part except the general provisions. On the other hand, the general provisions stipulate the subject and object of legal relations, and after listing various civil rights simply, it is also logical to stipulate civil liability. Since the tort will be compiled independently, there should be a corresponding system in the general provisions to adapt to the system in the specific provisions. In addition, tort liability and breach of contract liability are similar in terms of imputation principle, exemption conditions, criminal incidental civil, the relationship between civil liability and criminal liability, and the form of liability. These should be stipulated in the general rules.

Personality rights, neighboring rights, inheritance rights, property rights and creditor's rights are some basic civil rights generally recognized in modern society, and they are necessary rights for civil subjects to participate in normal social life and economic exchanges, with mature connotations. Therefore, it is necessary to confirm them through the civil code rather than some separate laws. The rights system of the specific provisions should be based on the rights that have been developed, widely accepted or urgently needed in social life. Of course, it should also provide enough legal space for the growth of new rights in the future.

The crux of the problem lies in how to arrange civil rights to conform to the logic of the civil code system. In my opinion, in order to establish this system, we should focus on the following ideas: first, we should emphasize the basic idea that personality rights take precedence over property rights, so personality rights should be placed first in civil rights. Personal dignity, personal value and personal integrity should be placed in a more important position than property rights, which are the highest legal interests. On the one hand, modern civil law should fully embody the spirit of humanism and emphasize the ultimate concern for individuals, so personal interests that are more important to personal interests should be placed before property interests and given priority to protection. On the other hand, compared with personality right, property right is not as important to individuals as personality right. Just think, if life, health and freedom can't be guaranteed, what's the use of so-called "great wealth"? It should also be noted that the attribute of personality right is personal, but personal safety and personal dignity involve social interests. This is just as Article 85 of the Restatement of American Tort Law holds that "the value of a person's life and limbs belongs not only to him personally, but also to the whole society." Therefore, its value is higher than the interests of landowners. "In the draft civil law submitted to the National People's Congress Standing Committee (NPCSC) for deliberation, the property law was placed at the head of each series in the specific provisions of the civil code, mainly considering the system in Chapter V" Civil Rights "of the general provisions of the civil law, which stipulated the content of property rights for the first time, so the legislature finally placed property rights at the head of each series in the specific provisions. I think this style is not groundless, but it is still debatable in theory. After all, property rights are more important than personality rights. Secondly, rights closely related to the person take precedence over general property rights. Therefore, parental rights and inheritance rights should also take precedence over property rights such as property rights and creditor's rights. The provisions on marriage, family and personality right belong to the category of personal relationship, and they are more closely related, so it makes sense to put them after personality right and before property right. Thirdly, regarding the relationship between property rights and creditor's rights, it is scientific to put property rights before creditor's rights in the draft civil code. After all, property right is the premise of generating creditor's rights, and the trading relationship can only happen when the property right is clear. Fourthly, regarding the concept of creditor's rights, there is no independent general principle of creditor's rights in the draft civil code of our country. The concept of debt and several forms of debt other than contract (unjust enrichment and negotiorum gestio) are stipulated in the chapter on civil rights of the general provisions. In my opinion, after the independence of tort law, especially in the case that the general principles of contract law in China have been very substantial and complete, there is no need to stipulate the general principles of debt law which are largely repeated with the general principles of contract law. However, considering the construction of the civil code system, real right is a concept corresponding to creditor's rights. The property law has been compiled independently, and so should the creditor's rights law. The establishment of creditor's rights system makes the forms of debt such as unjust enrichment, negotiorum gestio and fault in contracting find their proper positions in civil law, and establishes applicable rules for these relations. The design of the general principles of debt law is based on the consideration of legislative technology, which can make the provisions of the civil code more concise. In reality, all kinds of debts are concrete. Summarizing the similarities between the two, stipulating the part with * * * in the general provisions of the debt law can play a legislative and economic role. Of course, the general principles of creditor's rights should be simplified as much as possible, and some supplementary provisions can be considered for those not stipulated in the general principles of contract law. According to this logical order, the specific system of civil code should be the general principles of personality right, relative law, inheritance law, property right, creditor's rights and contract law.

The century game between ideal and reality of civil code comes from: free paper net.

After the chapter on civil rights in the specific provisions of the Civil Code, there should be a chapter on tort liability to protect various civil rights, which requires the independent compilation of tort law. On the surface, the independent tort liability code seems to be in conflict with the practice of constructing the specific provisions of the civil code with the theory of legal relationship, because the general provisions stipulate the subject, object and behavior, and the specific provisions should be developed with the content and rights of legal relationship. If the civil liability system is added, it seems that the specific provisions are not in harmony with the general provisions system, that is, the specific provisions develop with double standards. In my opinion, the idea of constructing the sub-clause system of civil code with the theory of legal relationship has not been destroyed by adding an independent tort liability code. Because: On the one hand, the constitutive elements of legal relationship should include not only subject, object, behavior and content, but also responsibility, because responsibility is not only the result of infringement of civil rights and interests, but also the result of violation of civil obligations. There is no right without responsibility, and there is no responsibility for violating obligations. Therefore, since civil rights and obligations are stipulated, civil liability must be stipulated. Therefore, after listing all kinds of civil rights in detail in the specific system, it is more rigorous and appropriate in logic to stipulate a complete tort liability system, which can show the process of the emergence and development of a civil legal relationship more clearly and completely. On the contrary, it is impossible to determine the relief measures of rights and the elements of legal relationship are incomplete if only the rights are stipulated without the responsibilities. On the other hand, because we have stipulated the general principles of civil liability in the general provisions, such as the issues of various civil liabilities in the general provisions, the tort liability stipulated in the specific provisions can echo the general provisions at a certain distance, and a complete civil liability system can be constructed in the civil code. Tort is the result of infringement on various civil rights and interests, and tort law should be placed after various rights. It is also logical to list all kinds of civil rights in the specific provisions of the Civil Code and then stipulate the protection measures for civil rights, that is, the tort liability system.

Fourthly, the independent compilation of personality right system.

In my opinion, the independent compilation of personality rights in the civil code is to meet the needs of enriching and developing the civil code system, and also conforms to the scientific law of the development of the civil code system. Today, when mankind has entered the 2 1 century, we should formulate a civil code with China characteristics according to the actual situation in China, and pay attention to innovation on the basis of reference. Civil law is the legal reflection of social and economic life, and civil code is the summary and embodiment of a country's lifestyle. In order to formulate a new civil code that reflects the real life of China and faces the 2 1 century, China must conform to the spirit of the times in its institutional structure, not only inherit the reasonable tradition, but also innovate and develop in combination with reality. Of course, innovation is not a simple slogan, let alone innovation for novelty. Any innovation must conform to objective laws and be supported by sufficient scientific theories. The independent compilation of personality rights not only has sufficient theoretical support and great practical significance, but also fully conforms to the development law of the civil code system from the perspective of the system structure of the civil code, and plays a very important role in enriching and perfecting the civil code system, mainly as follows:

First, the independent compilation of personality rights conforms to the internal logic of the civil code system structure. There is no independent personality right in the traditional civil code of continental law system, which has its own defects. Because civil law is essentially a law of rights, the specific system of civil law is completely constructed according to the system of civil rights. From the perspective of civil law right system, personality right should occupy an important position in it. Traditional civil law pays too much attention to the property right system, does not regard personality right as an independent system, and even stipulates personality right very simply, which in itself reflects the unreasonable phenomenon of "valuing others over yourself" in traditional civil law on the other hand. Because personality right is not compiled separately, it cannot highlight its attribute as a basic civil right. In civil law, another right parallel to property right is personal right, including personality right. As a civil subject, personality rights should have various rights such as life and health, personal dignity, personal freedom, name, portrait, reputation and privacy, which are the main components of personal rights. Personal rights and property rights constitute two basic rights in civil law, and the system of adjusting these two rights constitutes two pillars of civil law. Other civil rights are either included in these two types of rights or the product of the combination of these two types of rights (such as intellectual property rights and inheritance rights). If personality rights cannot be compiled separately, it will be difficult for intellectual property rights and other rights containing personality rights to establish their due status in the civil code. Because in the civil law system, the different nature of rights is the basic standard to distinguish each part, it is the logical and systematic requirement of the code to separate the personality right into parts.

Second, from the perspective of the adjustment object of civil law, personality rights should naturally be compiled independently. Civil law mainly regulates the property relationship and personal relationship between equal subjects, which is not only confirmed by legislation, but also has become the knowledge of academic circles. Property relations and personal relations are two basic social relations. Property relations are manifested as various property rights due to the adjustment of civil law, while personal relations, as personal-related and person-centered relations, mainly include personality relations and identity relations, which should be manifested as personality rights and identity rights in civil law.

Third, the independent compilation of personality rights will not cause disharmony in the original system, but will be a complete development of the original system. As mentioned above, the specific system of the Civil Code is constructed according to the civil rights structure. Confirming personality right as an independent right is actually to construct the whole civil code system according to the right system. It can be said that its independence not only inherits the existing right system, but also develops it appropriately.