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Fan Jian

People's Online Review: The draft Civil Code effectively responds to the people's rule of law needs

来源:人民网-观点频道 Source: People's Daily Online -Viewpoint Channel

Every code has its own needs and preparations, and the civil code is no exception.

In the 1980s, there was a small debate in the legal world around whether to enact civil separate law or civil code first. Peng Zhen, then chairman of the Standing Committee of the National People's Congress, said that civil activities and economic activities are interlinked, that our economic system is undergoing reforms, and that it may be difficult to formulate a complete civil code and the conditions are immature. I am afraid that we need to take a "retail" approach, and mature one and one based on actual needs. This "retail first, then wholesale" legislative approach established a phased, step-by-step implementation strategy for the formulation of our national code.

Times are different now. Both the state and the individual need to continuously expand the boundaries of personal and property relations in the process of formulating the civil code, constantly find the largest common divisor of the relationship between public and private rights, and continue to build the basic consensus of a new economic and social order. . At this level, the formulation of the Civil Code has met the objective needs of the continuous deepening of reform and opening up, the continuous development of the market economy system, and the continuous improvement of the strategy of governing the country in accordance with the law. Realize the people's longing for a better life.

"Protecting the ecological environment" is one of the basic principles of the draft general rules. With the improvement of living standards, the people's expectations for improving the ecological environment and the pursuit of green mountains and rivers have become stronger and stronger. Environmental protection has become one of the focuses of public opinion. However, China is currently in the transition period of economic development, There are still many difficulties in protecting the ecological environment due to the superimposed period of high-pressure environment and frequent environmental problems. In such a situation, incorporating the "protection of the ecological environment" into the draft general code of the Civil Code will help establish the concept of ecological civilization, give play to the role of environmental protection, coordinate the relationship between economic development and environmental protection, and conform to the growing population. The beautiful ecological environment needs.

The separate compilation of personality rights is the highlight of this draft Civil Code. For the people, the right to personality is the most important declaration of rights. It concerns the most basic and important rights of the civil subject and affects everyone's dignity. Incorporating the right to personality separately is to implement the Constitution's requirement that "the citizen's personal dignity is not infringed", embodies the people-centered development thinking, and also makes up for the legislative shortcomings of "emphasis on the weight of the people" in some civil codes. As a pioneering initiative of the Chinese Civil Code, the personality right editor shines with a large "person" character. It is the solemn confirmation and strict protection of the citizen's personality right by the rule of law in China. It can be considered as a Chinese solution to the protection of the rule of law in the world.

The people are calling, and the law is responding. The draft Civil Code has responded to many issues that have been strongly reported by the people. In the second draft of the draft, a "personal information protection" clause was added, which clearly stipulated that "personal information of natural persons is protected by law", and the definition of personal information was defined in the draft, and the types of information were listed. In the information age, the right to personal information is an important right enjoyed by citizens. The draft civil code clearly protects personal information, can effectively prevent citizens from being illegally invaded by information leakage, and has practical significance for maintaining normal information order and personal privacy.

Regarding the "overlord", "overlord", and even stealing the steering wheel and other uncivilized rides, the second draft of the draft contract clearly stipulates that passengers should travel according to the time, frequency and seat number recorded in the valid ticket. At the same time, passengers should actively assist and cooperate with the carrier in making reasonable arrangements for safe transportation. Such a legislative design can clarify the illegal nature of such acts in the form of civil law in addition to the current law on public security management punishment, and implement legal sanctions in accordance with the law.

Since the 18th National Congress of the Communist Party of China, adhering to the "people-centered" principle has been the consistent governance philosophy of General Secretary Xi Jinping. It is based on the people ’s standpoint that General Secretary Xi Jinping pointed out that we must unswervingly follow the path of the socialist rule of law with Chinese characteristics, so that the rule of law serves the people, depends on them, benefits them, and protects them. The enactment of the Civil Code has opened a new era in the protection of Chinese citizens' rights, reflected the needs of the people, protected the rights and interests of the people, and built the logical main line of the entire Code with the rights standard. .

[Responsible editor: Liu Hongyang]

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