How to view the differences between the General Provisions of the Civil Law and the General Principl

Hello, there are many differences. First of all, the general civil law is the name of the current civil law. The General Principles of the Civil Code are an integral part of the Civil Code, which may be completed in the future.

The General Principles of the Civil Law was promulgated on April 12, 1986 and came into force on January 1, 1987The General Principles of the Civil Law attach great importance to economic functions. Article 2 of the General Principles of the Civil Law stipulates that the Civil Law of the People's Republic of China regulates the property and personal relations between citizens, legal persons, and citizens and legal persons who are equal subjects.

Let's talk about property relations first, and then personal relationships. The provisions on civil rights in Chapter 5 of the General Principles of the Civil Law are arranged as follows: Section 1 is property ownership and property rights related to property ownership, Section 2 is the right to debts, Section 3 is intellectual property rights, and Section 4 is personal rights.

It shows that the General Principles of the Civil Law does reflect the importance attached to the economic function of the civil law.

The General Principles of the Civil Law were formulated in the second decade of the 21st century, and the ability of Chinese people to create material wealth is sufficient to meet the needs of Chinese life. In this context, although economic construction is still one of the core tasksBut more attention is paid to humanistic careTherefore, looking at Article 2 of the General Provisions of the Civil Law, when expressing the objects of adjustment of the Civil Law, it is said that the Civil Law regulates the personal relations and property relations between natural persons, legal persons, and unincorporated organizations of equal subjects.

The adjustment of the order of the content is by no means only a change in the legal expression, but also a major adjustment of the legal conceptThe General Provisions of the Civil Law give higher priority to the adjustment of the civil law of personal relations. Looking at the four articles on civil rights in Chapter 5 of the "General Provisions of the Civil Law," which are legal rules for natural persons, legal persons, and unincorporated organizations, especially those that confirm the protection of the personal rights and interests of natural persons of various types. The following provisions of Article 113 are the rules for determining and protecting all kinds of property rights and interests, and there is a significant adjustment to the order of the arrangement of Chapter V of the General Principles of the Civil Law, which is the implementation and embodiment of the concept of humanistic care that the General Provisions of the Civil Law pays more attention to than the General Principles of the Civil Law.

It can be said that in terms of spiritual temperament, the adjustments made in the General Provisions of the Civil Law are quite different from many specific rules.

For example, in the General Principles of the Civil Law, the minimum age standard for natural persons with limited civil capacity is 10 years old, but according to Article 19 of the General Provisions of the Civil Law, the lower age standard for natural persons with limited civil capacity is adjusted to 8 years old.

If more details could be given, more detailed information could be made.

The former not only covers the part of the General Provisions of the Civil Law, but also stipulates a large number of contents that originally belonged to the General Provisions of the Civil Law, such as property rights, contracts, and tort liability.

The General Principles of the Civil Law, enacted in 1986, are 30 years old, limited by the level of economic and social development and legislative technology at that time, and many of them are outdated, such as "joint ventures"; However, many of the contents that flourished under the conditions of a mature market economy have not been stipulated in the General Principles of the Civil Law, such as environmental rights and the rights of corporate shareholders.

Legal analysis: (1) The General Principles of the Civil Law and the General Provisions of the Civil Law exist at the same time. (2) The General Provisions of the Civil Law cannot be retrospective. (3) The General Provisions of the Civil Law shall prevail over the General Principles of the Civil Law.

Legal basis: Civil Code of the People's Republic of China

Article 1: This Law is drafted on the basis of the Constitution so as to protect the lawful rights and interests of civil entities, to adjust civil relations, to preserve social and economic order, to meet the requirements of the development of socialism with Chinese characteristics, and to carry forward the Core Socialist Values.

Article 2 The Civil Code regulates the personal and property relations between natural persons, legal persons, and unincorporated organizations that are equal subjects.

Article 4: The legal status of all civil entities in civil activities is equal.

Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

Article 6: Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Article 7: Civil entities engaging in civil activities shall follow the principle of creditworthiness, uphold honesty, and abide by their promises.

Article 8: Civil entities engaging in civil bargaining activities must not violate the law, and must not violate public order and good customs.

Article 9: Civil entities engaging in civil activities shall be conducive to conserving resources and protecting the ecological environment.

Article 10: The handling of civil disputes shall be in accordance with law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

Article 11: Where other laws have special provisions on civil relations, follow those provisions.

Article 12: The laws of the People's Republic of China apply to civil activities within the territory of the People's Republic of China. Where the law provides otherwise, follow those provisions.

Legal analysis: The difference between the General Provisions of the Civil Law and the General Principles of the Civil Law is that the General Provisions are part of the General Principles, and the General Principles of the Civil Law not only cover the part of the General Provisions of the Civil Law, but also stipulate a large number of contents that originally belonged to the sub-provisions of the Civil Law, such as property rights, contracts, and tort liability.

Legal basis: Civil Code of the People's Republic of China

Article 111: The personal information of natural persons is protected by law. Where any organization or individual needs to obtain the personal information of others, it shall obtain it in accordance with law and ensure the security of the information, and must not illegally collect, use, process, or transmit the personal information of others, and must not illegally buy, sell, provide, or disclose the personal information of others.

Article 1024:Civil entities enjoy the right to reputation. No organization or individual may infringe upon the right to reputation of others by means such as insult or slander.

Reputation is the social evaluation of the character, prestige, talent, and credit of a civil subject.

Article 1030: The provisions of this Part on the protection of personal information and the relevant provisions of other laws and administrative regulations apply to the relationship between civil entities and credit reporting establishments and other credit information handlers.

Article 1032: Natural persons enjoy the right to privacy. The privacy rights of others must not be infringed upon by any organization or individual by means such as espionage, invasion, leakage, or disclosure.

Privacy refers to the tranquility of a natural person's private life and the private space, private activities, and private information that he or she does not want others to know.

Legal analysis: The General Principles of the Civil Law not only stipulate some basic systems and general rules of the Civil Law, but also stipulate specific contents such as contracts, ownership and other property rights, intellectual property rights, civil liability, and the application of foreign-related civil legal relations. The General Provisions of the Civil Law have basically absorbed the basic systems and general rules stipulated in the General Principles of the Civil Law, and at the same time have been supplemented, improved and developed.

The specific contents of contracts, ownership and other property rights, civil liabilities and other provisions of the Civil Code also need to be further coordinated and systematically integrated when compiling the various subparts of the Civil Code. Since the General Provisions of the Civil Law shall not be repealed for the time being after the implementation of the General Provisions of the Civil Law, and before that, if the provisions of the General Provisions of the Civil Law are inconsistent with the provisions of the General Principles of the Civil Law, the provisions of the General Provisions of the Civil Law shall apply in accordance with the rules governing the application of law in accordance with the new provisions that take precedence over the old provisions.

Legal basis: Civil Code of the People's Republic of China

Article 14: All natural persons have equal capacity for civil rights.

Article 15: The time of birth and death of a natural person shall be based on the time recorded in the birth certificate or death certificate, and where there is no birth certificate or death certificate, the time recorded in the household registration or other valid identity registration shall prevail. Where there is other evidence sufficient to overturn the time recorded above, the time proved by that evidence shall prevail.

Article 16: Where the protection of the interests of the fetus is involved, such as inheritance or acceptance of gifts, the fetus is deemed to have the capacity for civil rights. However, if the fetus is dead at the time of delivery, its capacity for civil rights does not exist ab initio.

Article 17: Natural persons over the age of 18 are adults. Natural persons under the age of 18 are minors.

Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.

Article 19: Minors over the age of 8 are persons with limited capacity for civil conduct under the group system, and actual civil juristic acts are to be recognized by their legally-prescribed **persons** or with the consent of their legally-designated **persons; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

Article 20: Minors under the age of 8 are persons with no capacity for civil conduct, and their legally-prescribed persons are to carry out civil juristic acts.

After the General Provisions of the Civil Law take effect, the General Provisions of the Civil Law shall not be repealed for the time being. Where the provisions of the General Provisions of the Civil Law are inconsistent with the provisions of the General Principles of the Civil Law, the provisions of the General Provisions of the Civil Law shall apply in accordance with the principle that the new law prevails over the old law. ”

The General Principles of the Civil Law enacted in 1986 are a milestone in the history of China's civil legislation and have played an important role. The General Principles of Civil Law not only stipulate some basic systems and general rules of civil law, but also stipulate specific contents such as contracts, ownership and other property rights, intellectual property rights, civil liability, and the application of laws in foreign-related civil relations. The General Provisions of the Civil Law have basically absorbed the basic civil systems and general rules stipulated in the General Principles of the Civil Law, and have been supplemented, improved and developed.

The specific contents of contracts, ownership and other property rights, civil liabilities and other provisions of the General Principles of the Civil Law also need to be further coordinated and systematically integrated in the compilation of various subparts of the Civil Code. Accordingly, after the General Provisions of the Civil Law come into effect, the General Principles of the Civil Law shall not be abolished for the time being. Where the provisions of the General Provisions of the Civil Law are inconsistent with the provisions of the General Principles of the Civil Law, the provisions of the General Provisions of the Civil Law shall apply in accordance with the principle that the new law prevails over the old law.

Compared with the part of the General Principles of the Civil Law that has not changed, refer to the provisions of the judicial interpretation of the General Principles of the Civil Law issued earlier. From a legislative point of view, the General Provisions of the Civil Law have revised the age of limitation of legal capacity and the statute of limitations, and added provisions on basic principles and the rights and interests of the fetus.

Article 2 of the Civil Code of the People's Republic of China regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects.

So what is the relationship between the General Provisions of the Civil Law and the General Principles of the Civil Law? Next, I will introduce it to you. The "General Provisions of the Civil Law of the People's Republic of China" was adopted by the Fifth Session of the Tenth National People's Congress of the People's Republic of China on March 15, 2017, and is hereby promulgated to take effect on October 1, 2017.