The Tang Xianzu Memorial Hall in Fuzhou is a comprehensive cultural venue built to commemorate Tang Xianzu, one of the world’s hundred great cultural figures and a master of Ming‑dynasty drama in China. It is also one of Jiangxi Province’s ten major memorial halls dedicated to historical luminaries.

Civil Code Publicity Month | Helping You Understand the Civil Code


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Time:

2023-05-23






On May 28, 2020, the Third Session of the 13th National People’s Congress adopted China’s first Civil Code, which came into effect on January 1, 2021. This landmark event marks a pivotal milestone in the development of the socialist rule-of-law system with Chinese characteristics and represents a major achievement in the construction of socialist rule of law in China in the new era.
 

The Civil Code comprises seven parts and 1,260 articles, arranged in the following order: General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, Tort Liability, and Supplementary Provisions. Throughout its text, the Code is guided by a people-centered development philosophy, aiming to meet the people’s aspirations for a better life. It sets forth clear and detailed provisions on citizens’ personal rights, property rights, and personality rights, and establishes tort liability, specifying the rights of claim and remedies available when such rights are impaired, diminished, or infringed. These measures fully safeguard the rights of the people, earning the Code the reputation of being both a “declaration of the rights of the people in the new era” and an “encyclopedia of social life.”

 

01 Basic Principles


 

02 General Provisions

The General Provisions set forth the fundamental principles and general rules that must govern civil activities, serving as the overarching framework for all the specific parts of the Civil Code. The General Provisions designate “promoting the core socialist values” as an important legislative objective, thereby reflecting China’s distinctive approach of integrating rule by law with rule by virtue. At the same time, they provide that civil rights and other legitimate rights and interests are protected by law, and establish the basic principles of civil law, including equality, voluntariness, fairness, good faith, compliance with the law, public order and good morals, and the principle of environmental protection.
 


03   Section on Property Rights

Property rights are an important type of property right legally enjoyed by civil subjects. The legal system governing property rights regulates the civil relationships arising from the ownership and use of objects, making it one of the most fundamental civil systems.



 

04 Contract Section

A contract is an agreement entered into by civil subjects to establish, modify, or terminate civil legal relationships, and the scope of regulation under the contractual legal system encompasses the civil relations arising from contracts.
 


 

05  Section on Personality Rights

The independent codification of personality rights in the Civil Code is one of its key highlights and innovations. Personality rights constitute a fundamental pillar for both societal and individual survival and development, and they are essential to realizing a better life for the people.
 

 

06   Section on Marriage and Family
 

The system of marriage and family is designed to regulate civil relationships arising from marriage and family, serving as the fundamental framework for governing spousal and familial relations. The section on marriage stipulates that families shall cultivate sound family traditions, promote family virtues, and attach great importance to the development of a civilized family ethos.
 

 

07   Succession Chapter
 

The inheritance system regulates the civil relationships arising from succession and constitutes the fundamental framework for the transfer of wealth upon a natural person’s death. The section on inheritance stipulates that inheritance rights are equal between men and women, and in the absence of a will, the estate is inherited according to the statutory order of succession.
 


 

08     Section on Tort Liability

The tort liability system regulates civil relationships arising from infringements of civil rights and interests. The section on tort liability stipulates that a person who, through fault, infringes upon another’s civil rights and causes damage shall bear tort liability.
 


 

Editor: Deng Chao | Source: Public Legal Education and Law-Based Governance Bureau, Ministry of Justice
 

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