Article 7 of the General Principles of the Civil Law is a principle

Chapter I: Basic Principles.

Article 7: Civil activities shall respect social mores, and must not harm the public interest, undermine the national economic plan, or disrupt social and economic order.

Article 7: The principle of prohibiting abuse of rights.

Civil activities shall respect social morality and must not harm the public interest or disrupt the social and economic order.

Abuse of rights refers to the exercise of rights by civil subjects beyond the limits of the purpose of the rights themselves and the limits allowed by society, thus constituting illegal acts and therefore prohibited by law. There are many types of abuse of rights, the most common ones are: exercising rights for the purpose of harming others; exercising rights in a manner detrimental to the interests of society; Refuse to pay for the work results with the slightest defect; The patentee does not enforce its patent for a long time; abuse contrary to the purpose of rights (e.g., sham divorce to obtain more housing), etc.

Article 5 of the Constitution of the People's Republic of China stipulates: "Citizens of the People's Republic of China shall not harm the interests of the State, society or the collective, or the legitimate freedoms and rights of other citizens in the exercise of their freedoms and rights. This is the constitutional basis for the establishment of the principle of prohibition of abuse of rights in civil law.

Article 7 of the General Principles of China's Civil Law stipulates: "Civil activities shall respect social morality and shall not harm public interests, undermine the national economic plan, or disrupt the social and economic order." Many scholars interpret this as the principle of prohibition of abuse of rights, but this is not an exact provision of the principle of prohibition of abuse of rights.

The criterion for abuse of rights, earlier judicial interpretations took the intention or purpose of harming others as the criterion, and later, that is, considering the subjective factor of whether the actor has the intention or purpose of harming others, and also considering the weighing of interests with the opposing party, to determine whether the rights are contrary to the social and economic objectives of the rights themselves and the objective factors of the interests of society as a whole, and comprehensively determine whether it is an abuse of rights based on both subjective and objective criteria. The so-called consideration of the interests of the other party is because under the conditions of modern society, some rights conflicts are unavoidable, and it is absolutely necessary for the parties to exercise their rights not to harm others and to the detriment of society (for example, it is absolutely impossible to require chemical plants not to discharge waste water and waste gas to harm others), so they can only allow the parties who have obtained greater interests to exercise their rights and compensate the rights holders with smaller interests. Therefore, it is recommended that the Civil Code clearly stipulate:

In exercising rights, the parties must not harm others or the public interest, and in the event of a conflict of rights, they must not harm the rights with larger interests by exercising rights with smaller interests.

The principle of public order and good morals.

Public order and good customs are a combination of public order and good customs. The principle of public order and good morals is an important legal principle of modern civil law.

It means that all civil activities should comply with public order and good customs. In the modern market economy society, it has the important function of safeguarding the general interests of the state and society and the general moral concept. Article 7 of the General Principles of the Civil Law of China stipulates:

Civil activities shall respect social morality and must not be ......Disrupting the socio-economic order. Economic public order refers to the public order that restricts economic freedom in order to adjust the contractual relationship between the parties. The public order of the economy is divided into two categories: the public order of guidance and the public order of protection.

Under the conditions of market economy, the status of public order of guidance tends to be diminished, and the public order of protection gradually occupies an important position. Protective public order related to the protection of the weak in the modern market economy, such as laborers, consumers, lessees, and debtors who accept usury, has become the focus of discussion and research on the jurisprudence and doctrine of various countries and regions. Good customs, that is, good customs, are generally considered by academics to refer to the general morality necessary for the existence and development of society and the state, and are the minimum ethical requirements respected by a particular society. It is not difficult to see that good customs are centered on moral requirements. In order to distinguish the principle of public order and good morals from the principle of good faith, the concept of good morals should be limited to the scope of non-transaction ethics, so as to perform its own duties with the principle of good faith as the moral code of market transactions.

Similar to the principle of good faith, the principle of public order and good customs has the effect of filling legal loopholes. This is because the principle of public order and good morals contains the element of judges' discretion and has great flexibility, so they can deal with all kinds of new problems that arise in the modern market economy, and play an extremely important role in ensuring the general interests of the state, social moral order, coordinating various conflicts of interest, protecting the weak, and safeguarding social justice. If, in the course of judicial adjudication practice, a people's court encounters some acts that disrupt social order or violate social morality that were not foreseen at the time of legislation, and there is a lack of corresponding prohibitive provisions, it may directly apply the principle of public order and good customs to determine that the act is invalid.

Article 71 of the General Principles of the Civil Law Definition of ownership of property.

Article 71: [Definition of Property Ownership]Property ownership refers to the owner's lawful enjoyment of the possession, use, income, and disposition of his or her own property.

Relevant Regulations] Property Law (March 16, 2007).

Article 2: [Scope of Adjustment]This Law applies to civil relationships arising from the ownership and use of things.

For the purposes of this Law, the term "property" includes immovable and movable property. Where the law provides that rights are the object of real rights, follow those provisions.

For the purposes of this Law, the term "property right" refers to the right holder's right to directly control and exclusively over a specific thing in accordance with the law, including ownership, usufruct and security interest.

Article 71: Property ownership refers to the owner's right to possess, use, benefit from, and dispose of his or her own property in accordance with law.

Such a mentally retarded question is not colluding here to add points and escalate ???

These provisions are fundamental principles.

General Principles of Civil Law

Article 2 The People's Republic of China and the Civil Law regulate the property and personal relations between citizens and legal persons, and between citizens and legal persons.

Article 3: The status of the parties in civil activities is equal.

Article 4: Civil activities shall follow the principles of voluntariness, fairness, equivalent compensation, and good faith.

Article 5: The lawful civil rights and interests of citizens and legal persons are protected by law, and must not be infringed upon by any organization or individual.

Article 6: Civil activities must comply with the law, and where the law has no provisions, national policies shall be complied with.

Article 7: Civil activities shall respect social morality, and must not harm the public interest, undermine the national economic plan, or disrupt the social and economic order.

The differences between the General Provisions and the General Principles of the Civil Code are as follows:

1. The scope is different.

The General Principles of the Civil Law not only covers the part of the General Provisions of the Civil Law, but also stipulates a large number of contents that were originally excavated by the Civil Law Group, such as property rights, contracts, and tort liability. That is to say, the general provisions are part of the general principles.

2. The formulation time is different.

The General Principles of the Civil Law was promulgated on April 12, 1986 and came into force on January 1, 1987.

The General Provisions of the Civil Code were enacted in the second decade of the 21st century.

3. Different backgrounds.

Background of the General Principles of the Civil Law: The early days of reform and opening up.

Background of the General Provisions of the Civil Law: Economic construction is still one of the core tasks, but more attention is paid to humanistic care.

4. The content is different.

Many of the contents that flourished under the conditions of a mature market economy are not stipulated in the General Principles of the Civil Law, such as environmental rights and the rights of corporate shareholders.

According to the General Provisions of the Civil Code

Article 1. This Law is formulated on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, 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 values of socialism.

Legal basis: According to Article 1 of the General Principles of the Civil Law.

Legislative purpose. This Law is formulated in order to protect the lawful civil rights and interests of citizens and legal persons, to correctly adjust civil relations, and to meet the needs of the development of the cause of socialist modernization, and to summarize the practical experience of civil activities on the basis of the Constitution and the actual situation of our country.

Legal Analysis: The General Provisions and the General Principles of the Civil Law differ in scope and content. Specifically:

1. The scope is differentThe 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, conformity, and tort liability. 4. The content is different, and many contents that flourish under the conditions of a mature market economy are not stipulated in the General Principles of the Civil Law, such as environmental rights, corporate shareholder rights, etc. The Civil Code of the People's Republic of China consists of 7 parts and 1,260 articles, each of which is in the order of General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, 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". On May 28, 2020, the Third Session of the 13th National People's Congress voted to adopt the Civil Code of the People's Republic of China, which will come into force on January 1, 2021. The Marriage Law, the Inheritance Law, the General Principles of the Civil Law, the Adoption Law, the Guarantee Law, the Contract Law, the Property Law, the Tort Liability Law, and the General Provisions of the Civil Law shall be repealed at the same time.

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

The differences between the General Provisions and the General Provisions are as follows:

1. The scope of application is different, the General Provisions not only cover part of the General Principles, but also stipulate a large number of other elements that originally belonged to the General Principles, such as property rights, contracts, and tort liabilities;

2. The content is different, and in the general rules of vigorous development under the conditions of mature market economy, many contents such as environmental rights and shareholders' rights cannot be stipulated. The current General Provisions will be implemented in conjunction with the General Provisions. In the event of a conflict, the General Provisions shall prevail.

The General Principles occupy a dominant position in the entire legal system, concentrate on the most general issues of law, and have a high degree of correspondence and abstraction. The general provisions are not general principles, and the general provisions mainly include norms that are generally applicable to all components of the law, such as basic principles, natural persons, legal persons, unincorporated organizations, civil rights, civil juristic acts, civil liability, statute of limitations, and the calculation of the period.

Legal basisArticle 1164 of the Civil Code of the People's Republic of China.

This Part regulates civil relations arising from infringement of civil rights and interests.

Article 1165.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

Article 1166.

Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions.

Article 1167.

Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.

In 1955, China began to compile a civil code due to the bridge and hailstorm, which was later interrupted due to various historical reasons. Since the beginning of reform and opening up, especially after the establishment of the socialist market economic system, the state and society have more urgently demanded a complete and sound civil law to adjust increasingly complex social relations. As a result, on January 1, 1987, the "General Principles of Minfan Civil Law" came into effect, which was a milestone in the civil legislation of the People's Republic of China, and was a simplified version of the Civil Code, which played the role of the basic civil law for a long time.

However, due to the limitations of the times, the general provisions of the civil law are scarce, the norms are simple, the scope of adjustment is not thorough, and there are many defects in the system design. The General Provisions of the Civil Law occupy a dominant position in the entire civil code system, focusing on the most general issues of the civil law, and has a high degree of correspondence and abstraction. The General Provisions of the Civil Law are not the General Principles of the Civil Law, and the General Provisions mainly include the norms that are generally applicable to all components of the Civil Law, such as basic principles, natural persons, legal persons, unincorporated organizations, civil rights, civil legal acts, civil liability, statute of limitations, and the calculation of the period and period.