1. Socialism

China’s Civil Code has been pursuing socialization since the late Qing Dynasty. By the Republic of China, Sun Yat-sen’s Three People’s Principles, especially the New Three People’s Principles, were It laid a theoretical foundation for the pursuit of socialized values ??in civil law.

2. Further integration of Western civil law concepts and traditional Chinese civil customs

The "Qing Civil Code Draft" is often accused of blindly plagiarizing other countries' civil laws. Compared with Under this circumstance, the "Civil Law of the Republic of China" is more rational in its selection of Chinese legal traditions based on summarizing the experience of legal reform in the late Qing Dynasty. During the Beiyang government period, the tradition of the late Qing Dynasty was inherited, and local civil and commercial investigations continued despite the political turmoil.

As far as legislation is concerned, modern Chinese civil law is mainly a transplantation of Western civil law. However, any transplanted law must go through a process of localization. Each system needs to gradually adapt to the cultural and social background to which it is attached. Integration; as far as the modernization of civil law is concerned, it cannot be a simple fusion of Western civil law principles and traditional Chinese customs at the legislative level, but must go through a long-term integration process before it can be truly realized.

Extended information:

The embodiment of the social-oriented spirit in the modern civil code

1. Maintain public order and good customs.

“Legal acts shall be invalid if they are contrary to public order or good customs” (Article 72); “Customs applicable to civil affairs shall be deemed to be invalid if they are not contrary to public order or good customs” "Limited" (Article 2); "If the purpose of a legal person or its behavior violates the law, public order or good customs, the court may declare its dissolution at the request of the competent authority, prosecutor or interested party" (Article 36 strip).

2. Restrict ownership rights to prevent property owners from causing damage to others or social interests due to abuse of ownership rights.

Ownership must be exercised "within the limits of the law" (Article 765); for land ownership, "unless there is a limit by law, within the scope of beneficial exercise and on and under the land. If others "If such interference does not hinder the exercise of ownership rights, such interference shall not be excluded" (Article 773); Articles 774 to 800 concerning neighboring rights or other provisions are also intended to restrict the exercise of absolute ownership rights.

3. Restrict freedom of contract.

“If a legal act takes advantage of another person’s urgency, recklessness or inexperience to make a payment of property, or an agreement for payment, which is unfair under the circumstances at the time, the court may, on the application of an interested party, , cancel its legal act or reduce its payment” (Article 74).

China Court Network-The evolution of modern Chinese civil law thought