context: The new Civil Code seemed to be stuck in neutral, with opinion divided by rancorous debate. In recent weeks, compromises were reached and major progress secured. The author’s contribution is a further sign of consensus at the highest levels.
In a People’s Daily essay, Supreme People's Court judicial committee deputy director He Xiaorong 贺小荣 states that ‘great times give birth to great laws’. The current draft of the Civil Code being debated at the NPC (National People’s Congress)
- carries the quintessence of Chinese civilisation
- condenses the practical experience of reform and opening up
- provides an inexhaustible source of power for all people to start their own businesses
- ensures a strong institutional guarantee for the Chinese nation’s great rejuvenation
- is a new monument to the construction of the rule of law in socialism with Chinese characteristics
The draft code clearly reflects the characteristics of the new era, especially personal rights and the legal protection of the right to privacy. Infringing on the tranquility of private life of natural persons, their private space, activities, and information is to be prohibited, reflecting the need to codify individual rights in the internet era.
The draft civil code also inherits the spirit and temperament of Chinese culture. For example, the draft Marriage and Family Code stipulates that the family should establish a good family style, promote family virtues and the construction of the values of civilised families. In an effort to prescribe harmony in spousal relations, financial matters (such as debt responsibility in divorce) are a centerpiece of this legislation.
Equal protection of property rights will mobilise all members of society to create wealth, He contends. The draft civil code establishes the State’s actual rights, and further clarifies equal protection, thereby promoting a social environment advocating innovation, and, by cultivating the spirit of contracts, creates a stable, fair and orderly business environment.
The draft also embodies principles of social governance, including protecting the environment and saving resources, and legally guards human dignity.