Adopted 28 May 2020, the Civil Code capped a marathon legislative task, producing, beyond a massive piece of legislation, an advanced, unified and distinctly socialist legal code. Compiling it is a legal watershed for China, bringing together existing civil legislation, clarifying rights, and deploying new regulatory tools to long-standing and contemporary social issues. Yet, while legally innovative and progressive in some areas, the code is conservative overall. ‘Deep troubles’ (above all state vs.market and individual vs. collective) remain unresolved, relying on future legislation to push the boundaries of the civil law.
This slidedeck breaks down the major changes and their impact, blending ease of reading with detail. Infused with expert opinions, it gives an overview of the debate and proposals during the drafting process. It highlights legislative gaps and looks forward to the future of PRC civil law.
A companion overview of the slidedeck is available in our recent signal here.