Basic principles of civil law in China.

The basic principles of China's civil law are summarized as follows: equality principle, voluntariness principle, fairness principle, honesty and credit principle, public order and good customs principle, prohibition of abuse of rights principle and green principle.

The basic principles of civil law refer to the basic rules of civil law, and their effectiveness runs through the whole process of civil law (including legislation, law-abiding and law enforcement). The basic principles of civil law are not only the legislative norms of civil law, but also the code of conduct of the parties when there is no explicit provision in the law, and it is also the trial norm for the judicial organs to handle the litigation disputes in this case. It can make up for the deficiency of civil legal norms (legal loopholes), and it also means authorizing judicial organs to carry out creative judicial activities.

The basic principles of civil law reflect the fundamental attributes of civil life, especially the general situation, trends and requirements of civil society. Articles 3-7 of the General Principles of the Civil Law of our country stipulate the principles of our civil law, which can be roughly divided into two categories: one is the principle that has universal binding force on the content of civil law, and it is the basic norm guiding civil legislation, civil trial and civil activities, such as equality and voluntariness, and the other is the principle that applies to specific civil legal relations, such as fairness, honesty and credibility.

The significance of the basic principles of civil law;

1. The basic principle of civil law is the norm of civil legislation.

The basic principles of civil law include the goals and ideals that civil law should achieve in adjusting social life, which reflects the essential characteristics of social relations adjusted by civil law in China and embodies the characteristics that civil law is different from other laws, especially administrative law and economic law. It runs through the whole civil legislation, determines the basic value orientation of civil legislation, and is the basis for formulating specific civil legal systems and norms.

2. The basic principles of civil law are the basic norms for civil subjects to carry out civil activities.

Civil activities carried out by civil subjects should not only follow the specific norms of civil law, but also follow the basic principles of civil law. When the current law lacks corresponding civil law norms to adjust the civil activities of civil subjects, civil subjects should carry out civil activities in accordance with the requirements of the basic principles of civil law.

3. The basic principles of civil law are the basic basis for courts to interpret laws and supplement legal loopholes.

The basic principles of civil law are the basic basis for courts to interpret civil laws and regulations. When trying a civil case, the court must interpret the applicable legal provisions in order to clarify the meaning of legal norms and determine the constituent elements and legal effect of specific legal norms. When the court interprets a legal provision, if there are two opposite meanings, it should adopt the meaning that conforms to the basic principles of civil law. No matter what interpretation method is adopted, the interpretation result cannot violate the basic principles of civil law. If the court does not obtain the basis for making a judgment in the current law when trying a case, it shows that there are legal loopholes in the current law. At this time, the court should supplement the legal loopholes according to the basic principles of civil law.

4. The basic principles of civil law are the starting point for the interpretation and study of civil law.

Scholars should take the basic principles of civil law as the starting point when interpreting and studying civil law. No matter which theory violates the basic principles of civil law, it is not an appropriate theory.

legal ground

Annual Report on the Construction of Rule of Law in China (20 17).

Article 1 to formulate general principles of civil law. Civil law is a basic and comprehensive law in the civil field, and it is called an encyclopedia of social life. It is the long-cherished wish of several generations of China people to compile a civil code that conforms to the development requirements of Socialism with Chinese characteristics, China's national conditions and reality, with scientific style, rigorous structure, reasonable norms and consistent contents. Formulating the general principles of civil law is the first step in compiling the civil code. In March, the Fifth Session of the 12th National People's Congress deliberated and adopted the General Principles of Civil Law. The general principles of civil law stipulate the basic principles and general rules that must be followed in civil activities, and guide the divisions of the civil code; Each department will make specific provisions on various civil systems on the basis of general principles. The main contents of the law:

First, the basic principles of civil law and the applicable rules of law have been improved. It is clear that the personal rights, property rights and other legitimate rights and interests of civil subjects are protected by law, and no organization or individual may infringe upon them, and basic principles such as equality, voluntariness, fairness, honesty, law-abiding and green principles have been established. Clearly handling civil disputes should be carried out according to law; If there are no provisions in the law, customs can be applied, but they must not violate public order and good customs; Where other laws have special provisions on civil relations, such provisions shall prevail.

The second is to improve the civil subject system. Three types of civil subjects, namely natural persons, legal persons and unincorporated organizations, have been stipulated respectively, and provisions for protecting the interests of the fetus have been added, and the lower age limit for minors with limited capacity for civil conduct has been adjusted to "eight years old", thus improving the guardianship system; According to the different purposes and functions of the establishment of legal persons, legal persons are divided into profit-making legal persons, non-profit legal persons and special legal persons. Give unincorporated organizations the status of civil subject.

The third is to highlight the protection of civil rights. It is clear that the personal freedom and personal dignity of natural persons are protected by law, and natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy, and their personal information is protected by law; It is clear that the property rights of civil subjects are equally protected by law, and civil subjects enjoy property rights, creditor's rights, inheritance rights, equity and other investment rights according to law; General provisions on intellectual property rights; In order to meet the needs of the development of the Internet and the era of big data, it is clear that the law has provisions on the protection of data and network virtual property, in accordance with its provisions; The exercise of civil rights is standardized, and the special protection of civil rights of vulnerable groups is stipulated in a cohesive way. Fourthly, the system of civil juristic act and agency has been improved, mainly by expanding the connotation of civil juristic act, adding the rules of expression of will and perfecting the rules of validity of civil juristic act. Fifth, the system of civil liability and limitation of action has been improved.