What is the development of China s code legislation technology?

Legal Analysis: The legislative purpose of the Civil Code is to protect the legitimate rights and interests of civil subjects.

Protecting the legitimate rights and interests of civil subjects is the primary purpose of the Code, and the legitimate rights and interests include personal rights, property rights, intellectual property rights and other rights. Second, adjust civil relations. The existence of civil rights and interests exists in specific social relations as opposed to the obstruction of others.

Third, it is necessary to maintain social and economic order. Civil law protects the civil rights of individual subjects, and adjusting the relationship between civil subjects is to maintain the order of civil life in the whole society. Fourth, adapt to the requirements of the development of socialism with Chinese characteristics.

Fifth, carry forward the core socialist values. The core values of socialism are a high degree of condensation of the national spirit and the spirit of the times, and are the core of the value of the rule of law and the soul of the construction of the rule of law.

Legal basis: Article 1 of the Civil Code of the People's Republic of China This Law is formulated on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, adjust civil relations, preserve social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and carry forward the core socialist values.

The purpose of the Civil Code legislation is to protect the legitimate 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 promote the core values of socialism.

Legal analysisKnown as the "encyclopedia of social life", the Civil Code is the first law named after the code in New China, which occupies a fundamental position in the legal system and is also the basic law of the market economy. The following parts are General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, Tort Liability, and Supplementary Provisions. The legislative purpose and purpose of the Civil Code is to fully reflect the will of the people, protect private rights, and safeguard the interests of the broad masses of the people.

Only by fully protecting private rights can the vital interests of citizens be fully protected and safeguarded, and can it be conducive to standardizing public rights. The Civil Code is not only a compilation of legal provisions, but also a legislative expression of the spirit of the Chinese nation and the spirit of the new era, reflecting a nation's basic position on key issues of survival, development and people's livelihood. Throughout the history of the development of the world's legal system, those codes that have a worldwide impact are usually formed during a period when a country or a nation is in a period of vigorous development, and a broad consensus on the requirements of social development in this period has been condensed.

Since the founding of the People's Republic of China, the formulation of the Civil Code has been initiated four times in 1954, 1962, 1979 and 2001, laying a good institutional, practical, theoretical and social foundation for the compilation of the Civil Code. Since the 18th National Congress of the Communist Party of China, the legislative work has adhered to the principle of protecting the rights and interests of the people and improving the people's livelihood and well-being, combined with the actual situation of the people's livelihood, paid close attention to the requirements of the people's development, understood the people's feelings, gathered the people's opinions, and protected the people's livelihood, creatively did a good job in legislative work, and helped economic and social development and reform to tackle key tasks, and more profoundly understood the major theoretical and practical issues of the construction of the rule of law and the comprehensive promotion of the rule of law. "Carry forward the core socialist values" is an important legislative purpose.

Article 1 of the General Provisions of the Civil Code clearly states that "this Law is formulated in accordance with the Constitution in order to protect the lawful rights and interests of civil subjects, adjust civil relations, maintain social and economic order, meet the requirements of the development of socialism with Chinese characteristics, and promote the core values of socialism".

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, 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.

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The legislative process of the Civil Code is mainly divided into the following four steps.

deputies to the National People's Congress submit proposals; Drafting by the case filing team; review by the Standing Committee of the National People's The NPC congress discussed and approved and received the cloth.

The effect of the basic principles of civil law runs through the entire process of civil law, and is the basic criterion for civil subjects to engage in civil activities and judicial adjudication. The current General Principles of Civil Law stipulate four basic principles: voluntariness, fairness, equivalent compensation, and good faith.

On this basis, the draft general provisions of the Civil Law enrich the basic principles, stipulating the principles of equality, voluntariness, fairness and good faith; It also stipulates that civil entities engaged in civil activities shall consciously maintain the security of transactions; It is necessary to protect the environment, conserve resources, and promote the harmonious development of man and nature.

Legal Analysis: This Law is enacted in accordance with the Constitution. The provisions clarify the legislative basis of the Civil Code.

The Constitution is the legislative basis of the civil law, and the provisions of the civil law must embody the spirit of the Constitution, implement the requirements of the Constitution, and must not violate the Constitution. Not only should the substantive content of the civil law implement the principles and requirements of the Constitution, but the legislative procedures formulated by the civil law must also comply with the provisions of the Constitution on the legislative system and procedures. Maintain social and economic order.

Civil law protects the civil rights of individual subjects and regulates the relationship between civil subjects, so as to establish and maintain the civil life order of the whole society.

Legislative process of the Civil Code.

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The legislative process of the Civil Code is mainly divided into four steps: the submission of proposals by deputies to the National People's Congress; Drafting by the case filing team; review by the Standing Committee of the National People's The NPC congress discussed and approved and received the cloth. The effect of the basic principles of civil law runs through the entire process of civil law, and is the basic criterion for civil subjects to engage in civil activities and judicial adjudication. The current General Principles of Civil Law stipulate four basic principles:

Voluntary, fair, equivalent to payment, honest and trustworthy. On this basis, the General Provisions of the Civil Law and the Draft of the Civil Law have enriched the basic principles, stipulating the principles of equality, voluntariness, fairness and honesty; It also stipulates that civil entities engaged in civil activities shall consciously maintain the security of transactions; It is necessary to protect the environment, conserve resources, and promote the harmonious development of man and nature. Legal analysis

This law is enacted in accordance with the Constitution. The provisions clarify the legislative basis of the Civil Code. The Constitution is the legislative basis of the civil law, and the provisions of the civil law must embody the spirit of the Constitution, implement the requirements of the Constitution, and must not violate the Constitution.

Not only should the substantive content of the civil law implement the principles and requirements of the Constitution, but the legislative procedures formulated by the civil law must also comply with the provisions of the Constitution on the legislative system and procedures. Maintain social and economic order. Civil law protects the civil rights of individual subjects and regulates the relationship between civil subjects, so as to establish and maintain the civil life order of the whole society.

The legal basis is as follows: "The People's Republic of China and the Civil Code of the People's Republic of China" Article 1: This Law 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, meet the requirements of the development of socialism with Chinese characteristics, and promote the core socialist values.

Article 1 of the Civil Code stipulates the legislative purpose of this Law, and this Law is formulated in accordance with the Constitution in order to protect the lawful rights and interests of civil subjects, adjust civil relations, maintain social and economic order, meet the requirements of the development of socialism with Chinese characteristics, and promote the core socialist values. Note: The draft of the Civil Code of the People's Republic of China was adopted by the Third Session of the 13th National People's Congress of the People's Republic of China on May 28, 2020, and is hereby promulgated to take effect on January 1, 2021.

Legal basis: Article 1 of the Basic Provisions of Chapter 1 of the General Provisions of Part I of the Civil Code of the People's Republic of China [Legislative Purpose] This Law is formulated on the basis of the Constitution in order 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.