Introduction to my country's current civil law system (Fang Shaokun)
Our country made attempts to formulate civil codes in the 1950s, 1960s, 1970s and 2002. The first three times were due to the social changes in our country. The economic conditions were not yet met, so it was shelved. The fourth compilation of the Civil Code, launched in 2002, adopted the method of gradually formulating it into chapters and chapters. Our country’s current backbone civil laws include (divided according to the civil law system):
1. General Principles of Civil Law:
"General Principles of Civil Law" (1986) and subsequent implementation opinions
2. Part of Property Rights
"Property Rights Law" 》 (2007) "Guarantee Law" (1995)
3. Obligations Part
"Contract Law" (1999) and Contract Law Interpretations 1 and 2
4. Intellectual Property Section
"Copyright Law" (1991), "Trademark Law" (1993 Amendment), "Patent Law" (2008 Amendment)
5. Family Relations Section
p>Inheritance Law (1985), Marriage Law (revised in 2001), Adoption Law (revised in 1998)
6. Tort Liability Section
Tort Liability Law 》(implemented in 2010)
7. Personal Rights Editor
The "Personal Rights Law" currently only has a draft, which will be submitted for review when mature
8. Foreign-related Civil Relations Section
"Law on the Application of Laws in Foreign-related Civil Relations" (passed on October 28, 2010, effective from April 1, 2011)
It is understood that subsequent infringement After the promulgation of the Responsibility Law, the next step in the Civil Code will be the review of the Personal Rights Law, which is expected to be included in the National People's Congress legislative plan for 2010-2011. In addition, the Foreign-Related Civil Relations Law will also be submitted for review within a few years and will be reviewed in the next two years. After the completion of this step, the National People's Congress will take about three years to integrate the current civil laws and finally compile it into the "People's Republic of China and Civil Code" (expected to be around 2015-2018 at the earliest).