(1) Civil subject system. Civil subject system is the cornerstone of civil legal system. Compared with the general principles of civil law, the civil code has two innovations in the classification of civil subjects: one is the classification of subjects. In the classification of civil subjects, the General Principles of Civil Law adopts the dual structure of citizens and legal persons; On this basis, the Civil Code has absorbed the achievements of civil legislation, civil justice and civil law theory research in the past 40 years of China's reform and opening up, and divided civil subjects into three structures: natural persons, legal persons and unincorporated organizations, and regarded unincorporated organizations, including sole proprietorship enterprises, partnerships and professional service organizations without legal personality, as the third kind of civil subjects except natural persons and legal persons. The second is the classification of legal persons. The General Principles of Civil Law divides legal persons into four types: enterprise legal persons, organ legal persons, public institutions legal persons and social organizations legal persons. With the development of China's economy and society, the types of legal persons are increasingly diversified, and new organizations such as private schools, private hospitals, foundations, rural collective economic organizations and urban-rural cooperative economic organizations have emerged, which are not covered by the four types stipulated in the general principles of civil law. In order to solve this problem, the Civil Code has further improved the classification of the legal person system. According to the different purposes and functions of legal persons, general legal persons are divided into profit-making legal persons and non-profit legal persons. At the same time, the establishment of a special legal person system, covering corporate institutions, rural collective economic organizations, grassroots mass autonomous organizations, urban and rural cooperative economic organizations and other legal persons with China characteristics, is a major development of the legal person system.
(2) Civil rights system. Civil rights include all kinds of personal rights and property rights enjoyed by civil subjects. Personal rights include personality rights and identity rights. Property rights include property rights, creditor's rights (contract debts, tort, negotiorum gestio and unjust enrichment), intellectual property rights, inheritance rights, equity rights and other investment rights, as well as other civil rights and interests stipulated by law. The civil code systematically sorts out and integrates various civil rights, which can be said to be a code of rights. On the basis of existing relevant laws and regulations, the Civil Code further enriches and develops the civil rights system: First, it highlights the protection of personality rights. Personality right is a right enjoyed by civil subjects for their specific personality interests, which is related to everyone's personal dignity, decent life, work, study and social participation. In order to implement the spirit of "protecting people's personal rights, property rights and personality rights" at the 19th National Congress of the Communist Party of China and the Second Plenary Session of the 19th Central Committee, and meet the requirements of our country's Constitution to respect and protect citizens' personal freedom and personal dignity, the Civil Code has set up a separate chapter to stipulate the personality rights system and strengthen the protection of personality rights, which is a system innovation and a highlight of the Civil Code. The general consideration is to enhance people's sense of acquisition, happiness and security, stipulate the types, contents, boundaries and protection methods of personality rights of civil subjects from the perspective of civil law, and make more comprehensive provisions on the protection of specific personality rights such as life rights, body rights, health rights, name rights, portrait rights, reputation rights and honor rights, as well as privacy rights and personal information protection. Second, new types of rights have been added, such as privacy, personal information protection rights, equity and other investment rights, data and network virtual property rights, and residence rights. The third is to improve the intellectual property system, clarify the object of intellectual property rights, and stipulate that the obligee enjoys exclusive rights to works, inventions, utility models, designs, trademarks, geographical indications, trade secrets, layout-designs of integrated circuits, new plant varieties and other objects stipulated by law. Because intellectual property rights have the nature of civil rights and are closely related to administrative management, the Civil Code makes basic provisions in the general principles of civil rights, while the copyright law, patent law, trademark law, anti-unfair competition law and relevant administrative regulations make specific provisions on relevant intellectual property rights.
(three) improve the owner's building ownership system. In the process of compiling the civil code, some opinions reflect that there are some problems in the management of residential quarters, such as the difficulty in establishing owners' assembly and owners' committee, the difficulty in decision-making and voting by owners, the difficulty in using public maintenance funds, and the difficulty in controlling illegal activities in residential quarters. In response to this "four difficulties" problem, the Civil Code has made a positive response, clarified the responsibilities of relevant government departments and residents' committees in guiding and assisting the establishment of owners' meetings and the election of owners' committees, reduced the voting ratio requirement for owners to decide the same matter, stipulated the special procedures for using public maintenance funds in an emergency, and clarified that relevant departments will investigate and deal with illegal activities such as illegal construction in the community according to law. In practice, community governance should embody the idea of combining owner governance with government management. In residential areas, in addition to matters related to owners' rights and interests decided by residents according to law, relevant departments and residents' committees should also actively participate in the management of residential areas according to law, so as to maintain a good environment for the majority of owners to live and work in peace and contentment.
(4) Improve the usufructuary right system and increase the agreed residence right. The Property Law stipulates four usufructuary rights: the right to use construction land, the right to contracted management of land, the right to use homestead and the easement. On this basis, the Civil Code added the right of residence, a new usufructuary right. The right of residence refers to the right of the obligee to possess and use other people's houses in order to meet the needs of living and living according to the contract or will. Residence right, a new type of usufructuary right, aims to implement the requirements of the 19th National Congress of the Communist Party of China on establishing a housing system with multi-agent supply, multi-channel security and rent-and-purchase, recognize and protect the flexible arrangement of housing security by civil subjects, meet the housing needs of specific groups, and provide legal basis for the elderly to provide for the elderly with housing.
(5) Improve the system of security interest, and provide legal guarantee for optimizing the business environment. In order to facilitate the financing of enterprises and optimize the business environment, the Civil Code has carried out institutional innovation in the system of security interest, expanded the scope of guarantee contracts, and defined the guarantee functions of atypical guarantee contracts such as ownership retention, financial leasing and factoring. Delete the contents about the specific registration institutions of chattel mortgage and right pledge, and leave institutional space for establishing a unified registration system of chattel mortgage and right pledge; Clearly realize the unified compensation rules for security interests.
(six) to adapt to the development of the Internet economy, improve the rules for the conclusion and performance of electronic contracts. With the rapid development of Internet economy, online shopping has become a favorite shopping method for many consumers. To this end, the Civil Code has made provisions on the conclusion and performance of electronic contracts, making it clear that if the information of goods or services released by one party through the information network meets the requirements, the contract will be established when the other party chooses the goods or services and submits the order successfully; If it is delivered by express logistics, the consignee's receipt time is the delivery time; The object of an electronic contract is to provide services, and the time specified in the generated electronic certificate or physical certificate is the time to provide services.
(seven) standardize the terms of the contract format, increase the protection of vulnerable parties. In daily life, people often encounter some standard clauses contracts. In this kind of contract, one party who provides standard terms is usually the provider of goods or services, which belongs to the strong party, while the other party is usually the consumer, which belongs to the weak party. In order to protect the rights of vulnerable parties such as consumers and avoid being hurt by the "trap" in the standard clauses contract, the Civil Code stipulates that when concluding a contract with standard clauses, the party providing the standard clauses should follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures such as exempting or lightening their responsibilities to remind the other party of the clauses that are of great interest to the other party, and explain the clauses according to the requirements of the other party. If the party providing the standard terms fails to fulfill the above obligations, resulting in the other party's failure to pay attention to or understand the terms with which it has a significant interest, the other party may claim that the terms will not become the content of the contract.
(eight) to increase the provisions of four types of typical contracts and improve the typical contract system. Typical contracts are common contracts in market economic activities and mass social life. On the basis of 15 typical contracts such as sales contract, lease contract, loan contract and transportation contract stipulated in the current contract law, in order to meet the needs of real life, four typical contracts such as guarantee contract, factoring contract, property service contract and partnership contract have been added to the Civil Code, making the number of typical contracts increase to 19.
(nine) improve the marriage and family and inheritance system, and maintain the harmony and stability of marriage and family. Family is the cell of society and an important foundation for social stability and harmony. On the basis of the existing marriage law, adoption law and inheritance law, the Civil Code has developed and improved the marriage and family and inheritance system with the goal of safeguarding people's marriage and family rights and maintaining the harmony and stability of marriage and family. First, the conditions for prohibiting marriage have been revised, and the provisions of the existing marriage law prohibiting people suffering from diseases that are medically unsuitable for marriage have been deleted, stipulating that one party suffering from serious diseases should truthfully inform the other party before marriage registration. If not, the other party can ask for the cancellation of the marriage. The second is to increase the cooling-off period for divorce, and stipulate that the cooling-off period for divorce is 30 days. During this period, either party can withdraw the divorce application from the registration authority. The third is to absorb the relevant provisions of judicial interpretation and increase the rules for determining the debt between husband and wife. Fourth, improve the adoption system, cancel the restriction that the adoptee is below 14, stipulate the principle of maximizing the interests of the adoptee, and increase the adoption evaluation system and adopters, which are not conducive to the healthy growth of the adoptee. Fifth, increase the system of estate administrator, modify the provisions on the validity of wills, delete the provisions on the priority of notarized wills, and respect the true wishes of the decedent.
(10) Improve the tort liability system and strengthen the civil subject's rights relief. Tort liability is the legal consequence that civil subjects should bear when they infringe upon the rights and interests of others. On the basis of the Tort Liability Law, the Civil Code has further improved the imputation principle of tort liability: First, it has established the "risk-taking" rule, making it clear that the victim voluntarily participates in cultural and sports activities with certain risks and may not ask other participants to bear tort liability, except that other participants have intentional or gross negligence in the occurrence of damage. The second is to stipulate the "self-help behavior" system, which makes it clear that in the case that the legitimate rights and interests are infringed, the state organs can't protect them in time, and the legitimate rights and interests will be irretrievably damaged if measures are not taken immediately, the victim can take reasonable measures such as seizing the infringer's property within the necessary scope to protect his legitimate rights and interests, but he should immediately request the relevant state organs to deal with it. The third is to improve the management rules of high-altitude parabolic objects to ensure the "high-altitude safety" of the people. It is absolutely forbidden to throw things from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; In the event of such incidents, public security and other organs shall promptly investigate and find out the responsible person according to law; If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer. Property service enterprises and other building managers should take necessary security measures to prevent such incidents, otherwise they should bear the tort liability for failing to fulfill their security obligations according to law.