What does the Civil Code establish as the basic principle of civil law?

The basic principles of People's Republic of China (PRC) Civil Code are six basic principles: equality principle, voluntariness principle, fairness principle, honesty and credit principle, law-abiding public order and good customs principle and green principle. It is a general principle with universal legal binding force, including the general principle of law that is legally binding even if it is not stated in the legal text. The basic principles of the Civil Code of People's Republic of China (PRC) can be directly applied as ordinary legal provisions.

I. Principle of equality

The principle of equality mainly has two meanings, one is the embodiment of the constitutional principle of equality before the law in civil law, and the other is the equal protection of the legitimate civil rights and interests of all civil subjects.

Second, the principle of voluntariness

Civil subjects engaged in civil activities should follow the principle of voluntariness and establish, change and terminate civil legal relations according to their own wishes. Autonomy of will is one of the "three cornerstones" of modern civil law.

Third, the principle of fairness.

The so-called fairness is to adjust the economic interest relationship between civil subjects with the balance of interests as the value judgment standard, and to distribute the rights and obligations of civil subjects through the balance of interests. Fairness and justice are the basic requirements of civil judicial activities.

Fourth, the principle of good faith.

Honesty and trustworthiness is the basic criterion of market activities and an important legal principle to ensure the trading order. Like the principle of fairness, it is not only a legal principle, but also an important moral norm. It requires all civil subjects to be honest, pay attention to credit and exercise their rights in good faith.

Verb (abbreviation of verb) green principle

This is a legal principle stipulated in the Civil Code and a pioneering work of great significance. The stipulation that civil subjects engage in civil activities should be conducive to saving resources and protecting the ecological environment. This principle not only inherits the traditional cultural concept of harmony between man and nature, but also embodies the new development concept, which is conducive to alleviating the contradiction between China's growing population and resource ecology.

Sixth, the principle of public order and good customs.

Public order and good customs are composed of two concepts: public order and good customs, which require civil subjects to abide by social public order and good customs and follow the moral standards generally recognized by members of social subjects. Another meaning of this principle is that any civil legal act that violates public order and good customs is invalid.

The formulation of various laws and regulations in China is determined on the premise of certain principles. The Civil Code (implemented from 202 1 1) is a newly promulgated law and regulation this year, and the basic principles of the Civil Code are the basic principles that other civil legal norms need to abide by. These principles have similarities with the general principles of civil law, but they also have innovations. Now let's get to know each other. The basic principles established in the Civil Code are the basic principles that civil subjects should follow when they engage in civil activities and judicial organs make civil judicial decisions. Compared with the general principles of civil law, it is innovative and perfect.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 4 Civil subjects have equal legal status in civil activities.

Article 5 Civil subjects engaged in civil activities shall follow the principle of voluntariness and establish, change and terminate civil legal relations according to their own wishes. Article 6

Civil subjects engaged in civil activities should follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Article 7 Civil subjects engaged in civil activities shall follow the principle of honesty and credit and abide by credit.

Article 8 Civil subjects engaged in civil activities shall not violate laws, public order and good customs.

Article 9 Civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment.