What and what is the spirit of the legislation that runs throughout?

"Equality" and "protection" are the spirit of legislation that runs throughout.

On May 28, 2020, the 13th National People's Congress.

The Civil Code of the People's Republic of China was adopted by the three meetings, which will come into force on January 1, 2021. This is the first law named after a code in New China, which opened a precedent for codification legislation in China.

In the Civil Code, "equality" and "protection" are the legislative spirit that runs throughout. The concept of "green principles" is embodied in a number of provisions, which establish "green norms" for civil activities. The Civil Code consists of 7 parts and 1,260 articles, which are divided into General Provisions, Property Rights, Contracts, Personality Rights, Marriage and Family, Inheritance, Tort Liability and Supplementary Provisions.

After the implementation of the Civil Code, China's current marriage law.

General Principles of Inheritance Law and Civil Law.

Adoption Law, Guarantee Law, Contract Law.

Property Law, Tort Liability Law.

The General Provisions of the Civil Code will be repealed at the same time.

In the draft civil code, "equality" and "protection" are the legislative spirit that runs throughout. Hope.

Because the most basic principle of the individuals in the middle of the Civil Code is equality, it is said that in the process of formulating this law, this principle of equality must be followed to deal with disputes between them.

The functions of the basic principles of civil law are mainly reflected in the following aspects:

First, it has the function of legislative guidelines. The basic principles of civil law run through the entire civil legislation, directing and guiding the formulation of various civil law systems and civil law norms, so as to avoid internal contradictions in the civil law, so as to maintain the harmony and consistency of the civil law system, so as to realize the overall function of the civil law.

Second, it has the function of a code of conduct.

Third, it has the function of legal interpretation guidelines. Due to the inevitable limitations of statutory law itself (the limitations of general rules on specific cases, the limitations of limited rules on infinite objects, the limitations of vague rules on certain matters, the limitations of stability rules on development things, and the limitations of rigid rules on rich connotations), the regular means of overcoming the limitations of statutory law are legislative interpretation and judicial interpretation.

The spirit of this legislation should run through the entire civil law, after all, the relationship between the civil law is based on equality.

The spirit of legislation refers to the basic principles that run through a piece of legislation. For example, the principle of legality of crimes in criminal law means that only acts that are defined as crimes in the law can be convicted on this basis. This is the legislative spirit of the Criminal Law, which brooks no doubt, is the core of the entire Criminal Law, and is the guidance of all judicial practice.

Legal analysis: The civil law calls for auspicious scriptures and always runs through the legislative spirit of equality, because the most basic principle of the civil code is equality, so in the process of formulating this law, it is necessary to follow this principle of equality to deal with disputes between them. The basic principles of the Civil Code are embodied in:

1. It has the function of legislative guidelines; 2. It has the function of code of conduct; 3. It has the function of legal interpretation guidelines.

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.

Fully respect the autonomy of will and maintain the security of transactions.

To put it bluntly, this is the purpose of the legislation.

Our country is inConstitutional, civil, criminal, administrative, commercial, economic and international lawand other provisions of a series of legal norms for public life, itsThe basic legislative spirit is:Under the basic premise of maintaining public order, ensuring public safety, and protecting the public environment, we should protect the legitimate rights and freedoms of citizens, legal persons, and other organizations.

In public life, the role of legal norms in people's public life is mainly as follows:

1. Guiding role:

The guiding role of the law refers to the role of the law in providing people with an established pattern of behavior, so as to guide people's activities within the scope of the law. The guiding role is the primary role of the law. The primary purpose of the law is not to sanction illegal acts, but to guide people to behave correctly and participate in social life legally.

2. Function:

The first role of the law refers to the fact that the law, through its provisions, informs people of the nature of a certain behavior, affirmed or denied by the law and the legal consequences it causes, so that people can estimate in advance the consequences of their own behavior, as well as the tendency and consequences of others' behavior.

3. Evaluation role:

The evaluative role of law refers to the role of law in evaluating the legal significance of people's behavior. The criterion for legal evaluation is legal and illegal. The behavioral evaluation criteria include law, morality, discipline, etc., which can be applied at the same time.

However, it should be noted that legal evaluation cannot be used to replace moral evaluation and disciplinary evaluation, nor can moral evaluation and disciplinary evaluation be used to replace legal evaluation.

4. Coercive effect:

The coercive role of the law refers to the role of the law in using the coercive power of the state to punish violations of the law and crimes, and to ensure that it can be implemented. The coercive effect of the law is the guarantee of the other functions of the law. Without the coercive effect, the guiding role of the law will be reduced, the leading role will be doubted, the evaluative role will be meaningless to a large extent, and the effectiveness of the educational role will be seriously affected.

5. Educational role:

The educational role of law refers to the role of law in influencing people's thinking, cultivating and improving people's awareness of the law, and guiding people to act in accordance with the law through its regulation and implementation.