Are the legislative conditions of China's Civil Code mature?

I think the legislative conditions of China's civil code are not mature. The main reasons are:

First, civil law is a private law, and the social conditions for civil law adjustment are not yet mature. China's market economy has just been established for a few years, the society is still in the economic transition period, public ownership still dominates, government behavior still affects economic construction, how to position the public ownership of market players has not yet been implemented, and the public ownership economy, especially the state-owned economy, is still implemented in the sense of strong administrative intervention or even arranged by the government, without forming a truly independent subject. The independence of urban unit personnel has not yet been fully formed, and rural citizens are still collective members in a sense, more or less interdependent.

Second, the "family background" needs to be further clarified. The subject of civil law adjustment is citizens. Our citizens have different nationalities, customs and habits, and the level of economic development varies greatly from place to place. We should vigorously investigate and study folk law.

Third, there are differences in the status of legal persons as subjects of legal relations. In nature, legal persons include enterprises as legal persons composed of the whole people, collectives and the whole people or collectives or individuals, as well as some unincorporated organizations such as individual proprietorships and partnerships, as well as individual industrial and commercial households, rural contracted households and individual partnerships that are neither units nor citizens. At present, these subjects are subject to different legal norms and have different legal status, which leads to unfair treatment. Civil law is a legal norm to adjust equal subjects. The equality requirement of civil law and the unequal provisions of the above-mentioned laws not only need to be solved through reform, but also need to be further coordinated, unified and improved in law. The people, events and traditional ideas involved in this work itself cannot be solved overnight.

Fourthly, China has just joined the WTO, so it needs to further study the rules of world trade and the civil laws of other countries. Only by carefully studying WTO rules and laws of other countries can our civil code not only suit our national conditions, but also be in line with the world family. It takes a long time to do this work well. At present, Chinese jurists and lawyers have done a lot of exploration and efforts in this regard, but it is far from enough to rely solely on jurists and lawyers. The formulation of the civil code is a matter for citizens and organizations of all ethnic groups in China, and it requires the efforts of the whole people to formulate a universally applicable civil code that reflects the will of the whole people.

In a word, the formulation of civil code needs the combination of social and economic conditions and legal environment, the combination of foreign experience and domestic reality, and the development and perfection of the subject of civil law in China. All aspects should be considered comprehensively, both now and in the future, so that the civil code can have vitality.