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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
The Civil Code of the People’s Republic of China: Major Features and Contributions to the World
Author(s)
LI Shaohua
XIAO Peng
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DOI:10.17265/1548-6605/2020.08.001
Affiliation(s)
Party School of Wuhan Municipal Party Committee of CPC, Wuhan, China
Zhongnan University of Economics and Law, Wuhan, China
ABSTRACT
After decades of preparation,
China ultimately enacted the Civil Code of the People’s Republic of China, and
this Code exerts significant influence on the international community. The Code
is distinguished from civil codes of other countries by its philosophy of
codification, structure, systems, principles, and specific provisions.
Revolving around civil rights stipulated in the Civil Code, this article
selects and analyzes a portion of provisions to throw light on the real right
system’s characteristics of the era and of China. This paper aims to underline
the importance of laying special emphasis on maintaining personal dignity, and
discuss the necessity of actively adapting laws for the development of
extensive IT application. This paper sets forth how the part on contracts
functions as general provisions of the part on the law of obligations and how
the part on tort liability protects all the rights enshrined in the preceding
six parts, as well as the ensuing advantages. This paper also clarifies the
features of the Civil Code, and summarizes the unique contributions made by the
Civil Code to the world.
KEYWORDS
Civil Code, real rights, personality rights, contracts, tort liability
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