The content of the civil law system, the civil law belongs in the legal system

Civil law has the status of a basic law in the legal system.

The Civil Code of the People's Republic of China, known as the "encyclopedia of social life", is the first law named after the code in New China, occupies a fundamental position in the legal system, and is also the basic law of the market economy.

Civil law is an independent legal department in China's legal system, and in nature, civil law belongs to the basic law.

The Civil Code of the People's Republic of China consists of 7 parts and 1,260 articles, each of which is in order of General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Succession and Reputation, Tort Liability, and Supplementary Provisions. The whole article runs through the people-centered development thought, focuses on meeting the people's needs for a better life, makes clear and detailed provisions on citizens' personal rights, property rights, personality rights, etc., stipulates tort liability, and clarifies the right to claim and remedy when rights are weakened, derogated, or infringed, etc., reflecting the full protection of people's rights, and is known as the "declaration of people's rights in the new era".

Legal basisCivil 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, and to preserve social and economic order, and to carry forward the Core Socialist Values in response to the requirements of the development of socialism with Chinese characteristics. Article 2: The Civil Law regulates the personal and property relations between natural persons, legal persons, and unincorporated organizations that are equal subjects. 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.

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 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.

The architecture of the Civil Code is in the real life of the present day. The architecture of the existing civil code can be basically divided into two types: one is the "person-thing" correspondence structure of the French civil code; The second is the "total-score" corresponding structure of the German Civil Code, both of which have the defect of missing the purpose of the code.

The structural design of China's civil code should reflect the idea of people-oriented, rights-centered, and responsibility-oriented, and the civil code designed in this way implements three preparations: the first part of the human law, the second part of the rights law, and the third part of the tort law. This structure not only has the support of civil law culture, but also makes the structure of China's civil code have a certain originality.

The process of formulating the Civil Code is actually the process of systematizing a country's civil law. In a country where there is no civil code, it does not mean that there is no civil legislation. The civil code is the shell of the positive law in reality that is put together in a certain way.

In order to combine these chaotic positive laws, it is necessary to provide them with a systematic framework, so that each civil law material can have its own place and coexist harmoniously within this institutional framework, which is the architecture of the civil code. With a system composed of a certain structural difference, the processing of various civil law materials has a home. Therefore, the design of the architecture is the basis for the development of the Civil Code.

The modern civil law system usually includes the following five components: the general provisions of the civil law, the property law, the law of obligation, the marriage law and the inheritance law. In order to have an in-depth grasp of the civil law system, it is necessary to have a clear understanding of the internal logical relationship between these parts, that is, why the civil law system should include such five parts, simply put, it is to meet a normal basic need, and it is a comprehensive adjustment of the activities of a normal person to meet the basic needs of life.

The division is as follows: First of all, there must be a property law, because in order to live with dignity in this world, one must own a certain amount of property and use one's property in a reasonable way to enjoy the use value and value of property. Property law is to regulate the various legal relationships between people's ownership and use of property (Article 2 of the Property Law).

It is not enough for a person to just own property, there is almost no individual in this world who can be self-sufficient, and must maintain and increase the value of his wealth through exchange with others, so there is contract law. Obviously, contract law is a positive aspect, allowing people to make use of this system and live better on their own. Tort law, on the other hand, protects from the outside world, against the infringement of one's own property and person, and only when it is infringed by others, it can be protected, and it is meaningful to continuously maintain and increase the value of one's property.

Third, there must be a marriage law. Because of the change of pants, people have gender differences, and a single individual life, whether male or female, is always incomplete, and you must find your other half, form a good couple, and spend your life together. The union of two people will involve a series of changes in the relationship, and this change in the relationship is often unfair to one of the parties in many cases by relying on romantic feelings alone.

Therefore, in order to better protect the interests of the parties and at the same time, maintain the marriage order of a certain society, the marriage law is necessary. Fourth, people are usually always willing to struggle for their own interests, and the result of this struggle is often to own their own property, and of course they can possess, use, earn, dispose of, and so on. But unfortunately, human life cannot exist forever, once Uncle Benshan said that "people die, the money is not spent" situation, how to deal with property has become a problem.

Therefore, there is a need for inheritance law to regulate this type of relationship.

Finally, the reason why there is a general provision of the civil law is that for the content of the above four aspects, some of the content is universal, such as the main body. For the convenience of legislation, the contents that are common to the above four areas are specified in the general provisions in the form of extracting common factors.

b+c=(b+c). This kind of legislation is highly logical and systematic, and in order to understand a specific rule, it is necessary to have a general grasp of the civil law. This also makes law a "specialty" in a certain degree of simplicity.

What is China's civil law system like? The civil law system is a unified overall system with internal connections with the purpose of adjusting property ownership and property exchange, which is composed of civil subjects, property rights, debts and contracts. China's current civil law system is divided into such as Burning Qiaoluxia:

1) General Provisions of the Civil Law: General Principles of the Civil Law (1986) and subsequent implementation opinions (2) Property Rights: Property Law (2007) Guarantee Law (1995) (3) Creditor's Rights:

Contract Law (1999) and Interpretation of Contract Law (4) Intellectual Property Rights: Copyright Law (1991) Trademark Law (1993 Revision) Patent Law (2008 Revision) (5) Family Relations Edition: Inheritance Law (1985) Marriage Law (2001 Revision) Adoption Law (1998 Revision) (6) Tort Liability:

Tort Liability Law (implemented in 2010) (8) Personality Rights Edition: The "Law on the Rights of Persons with Belts" is currently only a draft and will be submitted for consideration when it matures (9) The status of the civil law of foreign-related civil relations in China's legal system: As a basic department of law, civil law regulates the property relations and personal relations between equal civil subjects.

The equality of the status of the subjects of legal relations is one of the important indicators that distinguish civil law from many other legal departments, such as administrative law and criminal law. The legal system is broadly divided into public law and private law, and civil law is a core part of private law. In addition to the General Principles of the Civil Law, the civil law in the substantive sense of our country also includes the Company Law, the Contract Law, the Intellectual Property Law, the Marriage Law, the Inheritance Law, the Maritime Law, the Insurance Law, the Enterprise Bankruptcy Law, the Negotiable Instruments Law, etc., which are the laws closest to the people's lives.

The above is the lawyer's related questions, I hope it will be helpful to you.