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The main roles of civil law include:
1. Civil law can provide general rules and norms of conduct for market activities for the modern market economy, and market participants can show their powers, forge ahead, create the best performance, and promote the development of the socialist market economy within the scope permitted by these rules;
2. Civil law can provide basic protection for human rights. Human rights are the rights that human beings enjoy and should enjoy according to their essential attributes. Civil law is essentially the law of rights.
First, it stipulates and protects people's basic rights such as personality rights, personal rights, and property rights, and provides a basis for the protection of other rights, including political rights, economic, social, and cultural rights.
3. Civil law can maintain social fairness and justice. Civil law embodies social equity and social justice. It regulates various interests, protects people to pursue their own interests legally, and does not allow the law of the jungle to infringe on society and others and seek illegal benefits;
4. Civil law can promote democratic politics. Civil law is private law. It requires a distinction between private law and public law, civil life and political life.
The principle of autonomy of private law is not only conducive to the suppression of administrative arbitrariness and excessive administrative intervention, but also to the development of the economic base. This will certainly objectively promote the development of democratic politics.
China's civil law is the sum of legal norms that regulate the property relations and personal relations between natural persons, legal persons and other organizations that are equal subjects.
Civil law includes both formal civil law (i.e., civil code), as well as separate civil laws and civil legal norms in other laws and regulations.
Meaning of Civil Law:
1. Civil law is the norm of social life with the coercive power of the state (different from morality, etc.);
2. Civil law is a legal norm that regulates property relations and personal relations in social life (other relationships are not adjusted);
3. Civil law is a legal norm that regulates the social relations between equal civil subjects.
[Legal basis].
Article 1 of the Civil Code of the People's Republic of China is formulated on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, adjust civil relations, maintain social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and carry forward the core socialist values. Article 3: Civil subjects' personal rights, property rights, and other lawful rights and interests are protected by law, and must not be infringed upon by any organization or individual.
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What is the status of civil law in our legal system? The status of civil law in China's legal systemCivil law provides the most common, most commonly used and most active group of legal norms in social activities, which constitutes the foundation of China's legal system and the most general legal guarantee in China's society. Civil law is an important departmental law in China's legal system, and its content is broad and profound, and it is the foundation of all laws.
As a product of a series of complex social factors, the modernization of China's civil law has a profound basis and is irreversible. Realizing the modernization of the law and promoting and maintaining the modern transformation of society with modern laws has become the non-return choice for the construction of the rule of law in China. "In today's global modernization, no matter what reasons we give to explain the Chinese's imagination and desire for the Civil Code, its essence still has not escaped the utilitarian net of universalism woven by modernization.
Confined to the tradition of the rule of law in the civil law system, the modernization of China's civil law must be based on a modern and systematic written civil code. But "since the world entered the era of industrialization, all countries, without exception, have faced the challenge of modernity, especially those with deep traditions." This is exactly the case in China.
In the process of courageously moving forward towards the set goal, Chinese civil law scholars can always feel the special fetters from the modernity of civil law. Do you understand this explanation?
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Civil law is a general term for the legal norms that the state regulates a certain range of property relations and a certain range of personal relations. Civil law covers a wide range of issues. It has a bearing on the country's economic construction and on all aspects of production and life, such as clothing, food, transportation, transportation, use, birth, nourishment, sickness, death, and burial.
Civil law is an important sectoral law.
When such rights are disputed or infringed, they may be confirmed and protected through the people's courts. The protection of legal ownership mainly adopts such methods as restitution to the original state, return of the original goods, removal of nuisances, compensation for losses, and confirmation of property rights.
2) Contractual relationships in the transfer of property. The contract is the basis for the transfer of property. A contract signed in accordance with the law has legal effect, and both parties must comply with itIf one party fails to perform its obligations under the contract, legally, it will bear economic responsibility and will be subject to legal sanctions, such as penalties for liquidated damages, fines, compensation for losses, etc.
The contract system has a wide range of applications in China. The common ones are: trading, supply and marketing, and agricultural and sideline products.
Acquisition, credit, lending, leasing, borrowing, contracting, transportation, capital construction contractor, trust, insurance, etc. (3) Intellectual Property. This is the exclusive right enjoyed by an individual or a collective over his or her intellectual achievements, such as copyright, invention right, patent law, trademark right, etc.
These intellectual achievements are spiritual wealth in themselves and have no direct economic content, but some of them are closely related to material property. China has adopted the Regulations on Incentives for Inventions, the Regulations on Incentives for Technological Improvement, the Patent Law, the Trademark Law and other laws and regulations to adjust the above-mentioned personal and non-property relations, and ensure the exclusive rights of authors and inventors over the achievements of Zhidashen, as well as the rights of transfer and inheritance.
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