Could you please tell us about the impact of the promulgation of the Civil Code on our lives?

The Civil Code, especially the provisions on marriage, has made significant changes to make divorce more difficult. This will directly lead to a significant reduction in the marriage rate, because now the rights and interests of not getting married will not be affected at all, and the children born if they do not get married will not be affected. So what reason is there to get married?

After getting married, I lived **, and I couldn't leave after I wanted to.

The promulgation of the Civil Code is generally a promotion of our lives, which allows us to have a higher understanding of the law and promotes a balanced development of society.

It doesn't have any impact overall, it seems to be a combination of several legal systems, that is, a different name, and then a new law.

The implications are as follows: 1. Clarify the scope of family members.

Article 1045 of the Civil Code clarifies the specific scope of relatives, close relatives and family members, and spouses, parents, children and other close relatives living together (such as siblings, grandparents, grandchildren, grandchildren) are family members.

2. If a serious illness is concealed before marriage, the other party may file a lawsuit with the court to annul the marriage.

3. Clarify the right to daily family affairs.

Article 1060 of the Civil Code stipulates that civil juristic acts carried out by one party for the daily needs of the family shall be effective against both husband and wife, unless otherwise agreed between one of the spouses and the counterpart.

Fourth, the scope of joint property of husband and wife has been expanded.

Compared with the Marriage Law, Article 1062 of the Civil Code stipulates that the newly added joint property of husband and wife includes other remuneration for labor services and investment income during the marriage.

5. The scope of marital debts has been clarified.

6. Property can also be divided without divorce.

7. When there is a legitimate reason, a lawsuit may be filed between the parents and the child to determine whether there is a parent-child relationship.

8. Cooling-off period for divorce.

9. A new circumstance in which a divorce shall be granted and a circumstance in which a person entitled to claim damages shall be added.

Article 1079 of the Civil Code stipulates that if the parties have been separated for one year after the people's court has ruled that the divorce is not allowed, and one party files a divorce lawsuit again, the divorce shall be granted.

10. Strengthen the economic value of housework.

The "Marriage Law" stipulates that the husband and wife agree in writing that the property obtained during the existence of the marital relationship belongs to each other, and the party who pays more for housework can ask the other party to compensate, while in real life, most of the husband and wife default to the joint property system, and the provisions of this article cannot be applied at all.

FYI.

The Civil Code has been called the "encyclopedia of social life" and guides our daily lives. It covers the entire life of a citizen's life, old age, sickness and death, from the determination of responsibility and ability when he was a child, to marriage and childbirth when he grew up, to the conclusion of work contracts, accidental tort disputes, inheritance in old age, etc., are wrapped in civil law provisions. The Civil Code of the People's Republic of China is the first law named after the "Code" since the founding of the People's Republic of China, and it is a major achievement in the construction of China's socialist rule of law in the new era, such as the addition of "right of residence".

The application scenarios of residency rights may cover more fields, such as marital property agreements, public rental housing, housing for the elderly, child inheritance disputes, and no fixed residence after divorce. affects every aspect of our daily lives.

Legal basis: The Civil Code of the People's Republic of China consists of 7 parts and 1,260 articles, each of which is General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, Tort Liability and Supplementary Provisions, which will come into force on January 1, 2021 and is known as the "Encyclopedia of Social Life". Article 16 of the Civil Code stipulates that if the protection of the interests of the fetus is involved, such as inheritance and acceptance of gifts, the fetus shall be 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 1155 stipulates that when the estate is divided, the share of the inheritance of the fetus shall be retained. If the fetus is dead at the time of delivery, the reserved share shall be handled in accordance with the legal inheritance.

Article 366:Persons with the right of residence have the right to occupy and use the residences of others in accordance with the provisions of the contract, so as to meet the needs of living and living.

Article 367:To establish the right of residence, the parties shall conclude a contract for the right of residence in writing. Contracts of right of residence generally include the following clauses: (i) the names and addresses of the parties; (ii) the location of the dwelling; (iii) Conditions and requirements for residence; (iv) the duration of the right of residence; (v) Methods of dispute resolution.

The Civil Code has a great impact on life. It brings together previously unrelated laws and avoids overlapping and inconsistent laws. It is a basic law that meets the needs of China's social development and people's livelihood.

The promulgation of the Civil Code is still of guiding significance for life and production. The provisions of the Civil Code are becoming more and more detailed, more and more humane, and more and more in line with the current social development.

Legal lead analysis: enhance everyone's happiness, and provide us with better protection of civil rights, so that citizens enjoy higher dignity, and enjoy a variety of civil rights, such as personal dignity, personal freedom, marital autonomy and various property rights, the Civil Code was born in the new era of China's social transformation and the development of the digital network economy, accelerate the construction of the rule of law in the country, govern the country according to law, and build a country under the rule of law has great practical significance and far-reaching historical significance, in today's social life, Standard contractual clauses are widely used in all areas of economic and social life due to their convenience and economic flexibility.

Legal basis: "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, preserve social and economic order, adapt to the requirements of the development of socialism with Chinese characteristics, and carry forward the Core Socialist Values.

"Civil law is the embodiment of a country's national spirit, and it will certainly play a positive role and make positive contributions to our realization of the "two centenary" goals. Gong Ming, deputy to the National People's Congress and procurator general of the Tianjin Municipal People's Procuratorate, said.

In his view, the promulgation of the draft civil code reflects the maturity of our country in terms of social governance. "Our country's civil code is now mature and can be officially promulgated, which is not only the result of the experience summary of our previous socialist rule of law practice, but also contains the experience accumulated by the successful implementation of the previous general principles of civil law, contract law, property law, guarantee law and other separate laws. ”

With the promulgation of various civil separate laws, more and more civil legal departments have been established, and the civil legal system has been continuously improved, but this does not mean that the superposition of these individual laws is sufficient to cope with the heavy task of adjusting civil legal relations. China's compilation of the Civil Code provides the market with detailed and nuanced "rules of the game" and is conducive to the further development and improvement of the market economy.

The Civil Code regulates the property relations and personal relations between civil subjects, and there are many areas of adjustment, and the operating basis and logic of each field are also different, and it is extremely difficult to organically integrate the laws of these different fields into a whole, and it requires superb legislative technology, so the legislation of the Civil Code is usually called "codification", rather than "formulation".

The Draft Civil Code stipulates that if the party providing the standard clause fails to perform the obligation of prompting or explaining, resulting in the other party not paying attention to or understanding the clause in which it has a material interest, the clause shall not be effective.

The draft Civil Code also stipulates that if there is a dispute over the interpretation of standard clauses, they shall be interpreted in accordance with the common understanding. Where there are two or more interpretations of the standard clauses, an interpretation unfavorable to the party providing the standard clauses shall be made. This reflects a focus on the protection of the fundamental rights of consumers and a clearer requirement for public service providers.

In October 2019, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the Opinions on Several Issues Concerning the Handling of Criminal Cases of Illegal Lending, which clearly stipulates that illegal issuance of usury will be convicted and punished for the crime of illegal business operation. The draft Civil Code clearly says "no" to usury, which represents the state's attitude of resolutely prohibiting and severely cracking down on usury, responds to the people's call for the management of the chaos of lending, and also reflects the state's more mature and standardized management of private financial capital.

As China's first law named after a code, the Civil Code (Draft) has been officially adopted by the meeting, which means that after the formulation of the Civil Code was launched four times in 1954, 192, 1979 and 2001, the Civil Code has now been officially produced and successfully passed a resolution, which will come into effect on January 1, 2021, which means that the Encyclopedia of Social Life of Chinese Citizens has been officially born. It is worth mentioning that the promulgation of the Civil Code (Draft) means that the General Principles of the Civil Law, the Property Law, the Contract Law, the Guarantee Law, the Marriage Law, the Adoption Law, the Inheritance Law and the Tort Liability Law are all abolished. Today, the author will pick a few more interesting cases for you to talk about.

1. Divorce is more difficult Originally, divorce may only need a divorce agreement, but after the Civil Code (Draft) comes into effect, divorce is not so easy. According to the provisions of the Civil Code (Draft), the divorce of the husband and wife should be divided into three steps: 1. The husband and wife should first apply for divorce at the Civil Affairs Bureau; 2. Give you a 30-day cooling-off period for divorce, if both parties confirm that they want to divorce and do not revoke the divorce application, then both husband and wife must go to the Civil Affairs Bureau to register the divorce; 3. Give you a 30-day divorce choice period, if one of the husband and wife does not go to the Civil Affairs Bureau, then the marriage will not be separated.

It is no exaggeration to say that after the Civil Code (Draft) came into effect, divorce became even more difficult.

2. It is very interesting that the salary slip between husband and wife can not show each other this article, let's take a look at what the dean of the law school of Chinese University of China said: the salary slip is private information for each individual, but whether it constitutes privacy depends on the specific situation. If it is a joint property of husband and wife, then your salary income is an integral part of the joint property, and it may not work if you do not allow the other party to know about it at this time; If two people have separate property regimes, they can choose not to tell their spouses.

In other words, if the property between the husband and wife is managed separately, then your pay slip can not be shown to the other party. However, some people don't understand this, since they are all a family, can they still be so clear?

3. What should I do if someone dies on my game accountThis used to be a topic ridiculed by netizens, if I die, what should I do with my game account? After the entry into force of the Civil Code (Draft), this issue is no longer an issue. Because the Civil Code (Draft) stipulates that a game account is a personal legal property, and if it dies, it will become an inheritance.

If your game account is very good, then this is your online virtual property, which can become a legacy, so this problem will no longer be a problem in the future. In this way, maybe in the future, your grandson will take your Glory of Kings account and say to his classmates: Look, this is the account that my grandfather played back then, and they are all king ranks, right?

The impact is far-reaching, relevant to every citizen, and permeates every aspect of a citizen's life.

This year's late two sessions are destined to attract much attention, and the "Civil Code (Draft)", known as the "encyclopedia of social life", was submitted to the Third Session of the 13th National People's Congress for deliberation as an important part of this year's National People's Congress and the National People's Congress, which is even more eye-catching.

The Civil Code (Draft) consists of the General Provisions of the Civil Code and the draft of various sub-parts, including the General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, Tort Liability and Supplementary Provisions, with a total of more than 1,200 articles, covering the entire life of a citizen's life, old age, sickness and death, from the determination of responsibility capacity when he was a child, marriage and childbirth when he grew up, the conclusion of work contracts, accidental tort disputes, inheritance in old age, etc.

1. The cooling-off period for divorce by mutual agreement is coming

The draft stipulates that within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

This provision was already hotly discussed by the whole network when the draft for comments came out, and now that the draft has just come out, it immediately ushered in a heated discussion on the whole network. Whether it is supported or not, this provision is to avoid the occurrence of flash marriages, especially when the epidemic has just turned and there is a wave of divorces in many cities, and the cooling-off period for divorce is particularly necessary.

In any case, the establishment of a cooling-off period for divorce is to maintain the stability of family relations and does not conflict with the 'freedom to divorce'.

It is worth noting that this provision applies to divorce by mutual agreement between husband and wife, and does not involve domestic violence and other situations where litigation divorce is applicable. Moreover, ordinary divorce proceedings are not so simple, and many times the court will mediate first when a divorce lawsuit is filed for the first time.

Second, there is a legal backing to prevent sexual harassment in the workplace or on campus

The draft stipulates that government agencies, enterprises, schools, and other units shall employ reasonable measures such as prevention, acceptance of complaints, investigation and handling, to prevent and stop sexual harassment by taking advantage of their authority, subordination, and so forth.

The provisions improve the relevant provisions on the prevention of sexual harassment, clarify the relevant obligations of units through legislation, and make it more targeted in the prevention of sexual harassment in the workplace and on campus.

3. The injured party in breach of contract may also apply for compensation for moral damages

At this stage, China's claim for moral damages is still limited to tort lawsuits, while the draft stipulates that if one of the parties violates the contract and damages the personality rights of the other party and causes serious mental damage, the injured party's choice to request it to bear the liability for breach of contract does not affect the injured party's claim for moral damages.

I really look forward to the early promulgation of the Civil Code.