Social Sciences in China (Chinese Edition)

No.2, 2018

 

From the General Principles of Civil Law to the General Rules of Civil Law: A Historic Leap in Contemporary Chinese Civil Law

(Abstract)

 

Yang Lixin

 

The General Principles of Civil Law (民法通则), formulated in the early days of reform and opening up, was a single law that set out the basic principles or rules of civil law, defining the actor in civil affairs, civil law behaviors and the agency system; declaring the civil rights enjoyed by civil entities; establishing a relatively complete civil liability system; and so on. These legislative measures aroused awareness of civil rights among the mass of the population, ensured China’s rapid economic and social development, and laid down the basic framework and content of the civil code, so they hold an important position in contemporary Chinese history. But as the economy and society have developed, civil law has had to change with the times. Civil law jurisprudence injects theoretical support into contemporary civil law legislation, and the rule of law blueprint for governing the country according to law provides a powerful impetus to the historic leap of contemporary Chinese civil law, providing the necessary conditions for the codification of civil law. The completion of the General Rules of Civil Law (民法总则) meets the requirements of the economic, humanist and legal character of the times; demonstrates the humanist position and spirit of the civil code; rises to the challenge of modern scientific and technological development; and assures people’s enjoyment and control of their new-style rights with their objective forms. This signifies that the General Principle of Civil Law has accomplished its historical task and civil law in contemporary China has realized its historic leap forward, laying a foundation for the drawing up of the Chinese civil code, including the specific provisions of the framework and contents of each chapter.