Civil Laws at China
China's civil law system is primarily governed by the Civil Code of the People's Republic of China, which came into effect on January 1, 2021. This comprehensive legal framework consolidates and updates various previous laws, aiming to protect civil rights and regulate personal and property relations.
๐ Overview of the Civil Code
The Civil Code consists of 1,260 articles organized into seven parts
General Provisions: Establishes foundational principles, including civil rights, legal capacity, and civil liability
Property Rights: Regulates ownership, possession, and usufruct rights
Contracts: Covers various contract types, including sales, leases, and service agreements
Personality Rights: Protects individual dignity, encompassing rights to life, health, name, portrait, reputation, privacy, and personal information
Marriage and Family: Addresses marriage, divorce, adoption, and family relations
Inheritance: Governs legal and testamentary inheritance
Tort Liability: Defines liabilities arising from civil wrongs, including product liability and environmental damage A notable feature is the Personality Rights section, which is unique in dedicating an entire book to personal dignity, setting a high standard for individual rights protection
โ๏ธ Legal Reforms and Innovations
Divorce Cooling-Off Period: Introduces a 30-day "cooling-off" period for divorce applications, allowing either party to withdraw the application within this timeframe ๎cite๎turn0search0๎
Unborn Children's Rights: Grants inheritance rights to unborn children, ensuring they are considered legal heirs
Intellectual Property: Strengthens protections for intellectual property, including provisions on technology contracts and damages for infringements
๐๏ธ Judicial System and Enforcement
The Supreme People's Court oversees the interpretation and application of civil law. Local courts handle civil disputes, and the judiciary operates under the guidance of the Communist Party, ensuring alignment with national policies.
๐ International Perspective
China's Civil Code reflects a blend of traditional civil law principles with adaptations to its unique legal and political content While it offers robust protections for individual rights, certain areas, such as LGBTQ+ family recognition, remain underdeveloped
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