First, uphold the principle of "standing at the time, making rituals according to things; The procedural jurisprudence of "etiquette depends on time and regulations depend on needs" conforms to the pace of economic and social reform, follows the law of economic and social development, and reflects the requirements of economic and social reality.
Second, in terms of legislative steps, we should first formulate separate civil laws, such as general principles of civil law, contract law, property law, marriage law, adoption law, inheritance law, tort liability law, etc., and then compile them into a unified civil code when subjective and objective conditions are ripe, instead of blindly seeking perfection from the beginning and engaging in "complete sets of equipment."
Thirdly, in the legislative mode, the civil and commercial law should be integrated, and many basic norms related to civil affairs in commercial law, intellectual property law and administrative law should be incorporated into the civil code, which embodies the systematic, comprehensive and basic characteristics of our civil code.
Fourthly, integrate jurisprudence and system, and support the civil law system with jurisprudence to make it scientific, benign and coherent; Use the civil law system to express the essence of jurisprudence, carry forward the spirit of China, and build the core value system of the rule of law in China.
It can be said that "the revision of the law cannot be ignored and is unknowable." And if you want a legal trial, the law is clear, and you must do your best. "It is scientific to comply with legal principles in procedure and content and respect reality in fact and value.
Extended data
The method and technology of compiling civil code in China also embodies scientific legislation. Compiling the Civil Code is neither a brand-new civil law nor a simple compilation of existing laws, but a revision and integration of existing civil law norms.
In the process of compilation, it is necessary to revise and improve the provisions that are no longer suitable for the actual needs, and make targeted new provisions on the new situation and new problems in economic and social life, especially the new expectations and new requirements for people to live a better life, which inevitably requires scientific research and judgment.
The Civil Code covers the principles, principles, rules, concepts, systems, technologies and other legal elements of civil law, covers all aspects of economic and social activities, and is closely related to the material life, spiritual life and social life of civil subjects. It is not only large in scale and new in style, but also involves a series of complicated and intractable problems.
At the same time, because China is still in the historical stage of comprehensive deepening reform, and in the era of great change from industrial society to information society and then to intelligent society, the compilation of civil code must maintain a moderate foresight and openness on the premise of paying attention to the integrity and stability of the civil legal norm system, and reserve various convenient interfaces for constantly accepting new norms.
China's Legal Innovation Network —— China's Story in the Civil Code and China's Law