Research Series on the Civil Code of the People’s Republic of China

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Research Series on the Civil Code of the People’s Republic of China, by Guo Mingrui, honorary dean and professor of the Law School at Yantai University, gives an in-depth interpretation of each article of the Civil Code of the People’s Republic of China, attempting to fully demonstrate the content, logical structures and basic jurisprudence therein.

Contemporary civil law is characterized by humanism, which is distinctly different from the “property law-oriented” civil law of centuries ago that heavily emphasized the adjustment of property relations. Guo emphasizes the humanistic elements within the Civil Code, with particular attention given to the status of human in sections related to personality rights, marriage and family, as well as the general part. The series takes the status of civil subjects and personal dignity as the basic guidance of the Civil Code, clarifying the humanistic thoughts and positions in the code. 

The author focuses on human dignity and points out “personality rights” set as a single part in the Civil Code, highlighting the code’s basic spirit that upholds human dignity as the most important object of protection. In addition, Guo places emphasis on people’s civil rights, comprehensively elucidating the civil rights and protection systems stipulated in the code, allowing readers an accessible way to understand their rights and means of protection.

The total of seven sections of the Civil Code, regarding the general part, real rights, contracts, personality rights, marriage and family, succession, and tort liability, fully cover the general rules of civil law and the specific rules of personal relation law and property law. Accordingly, the series consists of six interpretative books, with the sections on marriage and family and succession merged into a family affairs-themed section.

The 1,260 articles of the Civil Code lay down rules of conduct for the civil society. The civil code of the old continental law system can be traced back to historical accumulations. After generations of inheritance and evolution since the Roman law, the civil code of the continental law system has evolved into a great integration of traditional civil law. Although there are differences between the French and German systems, contemporary civil code is generally mutually integrated and develops together. 

Realistic social needs are an even more important source of the civil code. The development of contemporary social civilizations and scientific and technological progress have stamped the brand of the era concerning civil subjects, rights protection, and norms of civil legal conduct. The provisions of data and network virtual property in China’s Civil Code manifest the civil law rules of social life in the era of online technology and artificial intelligence. 

Yang Lixin is a professor from the Law School at Renmin University of China.

Edited by YANG LANLAN