1. Add "green principles" to the basic principles and strive to create an environmentally friendly legislative environment

Article 9 of the "General Principles of the Civil Law" stipulates that "civil subjects engaged in civil activities should be conducive to economical resources and protect the ecological environment.”

2. Improve the natural person system and strengthen the protection of minors’ rights

1. Increase the protection of fetal interests

Article 16 of the "General Principles of the Civil Law" stipulates, "When it comes to the protection of the interests of the fetus such as inheritance and acceptance of donations, the fetus is deemed to have the capacity for civil rights. However, if the fetus is dead when it is delivered, its capacity for civil rights does not exist from the beginning." This provision is a newly added provision based on the General Principles of Civil Law, and it is also a provision that has attracted much attention and discussion during the drafting and deliberation process.

2. The age standard for minors with restricted capacity for civil conduct has been lowered

Article 19 of the "General Principles of the Civil Law" stipulates that "minors over eight years old are qualified for restricted civil conduct." A person with capacity shall be represented by his legal agent or with the consent or ratification of his legal agent when performing civil legal acts, but he may independently perform civil legal acts for purely profit-making or civil legal acts commensurate with his age and intelligence.”

3. Improved the guardianship system

(1) Expanded the scope of wards

The scope of wards stipulated in Article 17 of the "General Principles of Civil Law" is "without civil "Mental patients with capacity for civil conduct or with limited capacity for civil conduct", while the General Provisions of the Civil Code abandoned the concept of "mental patients" and stated them as "adults with no capacity for civil conduct or with limited capacity for civil conduct." In terms of connotation, focus on Dharma and French.

In terms of extension, the scope of protection has been expanded. With the aging of our country's population, there are more and more cases where the elderly have deficiencies in recognition and cognitive abilities to a certain extent due to diseases and other reasons. In addition, there are also a certain number of intellectual disabilities and vegetative people, and there are also some people who suffer from life problems. People with bad attitudes and habits who lack the ability to think (such as wasteful people, alcoholics, gamblers, drug addicts, etc.).

These living habits are different from ordinary people. Behavioral capacity is often in an unstable state due to dependence on a certain substance, so most countries choose to list it as limited behavioral capacity.

(2) Establish the scope and order of guardianship

Article 28 stipulates: Adults without capacity for civil conduct or with limited capacity for civil conduct shall be appointed by the following persons with guardianship capacity: People serve as guardians in order: (1) Spouse; (2) Parents and children; (3) Other close relatives; (4) Other individuals or organizations willing to serve as guardians, but must go through the neighborhood committee or village committee of the place where the ward lives. Or the civil affairs department agrees.

(3) The unit where the mentally ill patient is located is deleted

Article 17 stipulates that for mentally ill patients who have no capacity for civil conduct or have limited capacity for civil conduct, the following persons shall serve as guardians:

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Other close relatives and friends are willing to assume guardianship responsibilities, with the consent of the mental patient's unit or the residents' committee or village committee of his residence.

(4) Added provisions for voluntary guardianship by adults

Article 33 stipulates: Adults with full capacity for civil conduct may have close relatives or other persons who are willing to act as guardians. The individual or organization must negotiate in advance and determine its guardian in writing. The guardian determined through consultation shall perform guardianship duties when the adult loses or partially loses his capacity for civil conduct.

3. Improve the legal person system and further subdivide the qualifications of legal persons

Article 97: From the date of establishment, agencies with independent funds and statutory agencies undertaking administrative functions shall have the authority to Legal person status can engage in civil activities required to perform functions.

Article 98: If an agency legal person is revoked, the legal person shall be terminated, and its civil rights and obligations shall be enjoyed and borne by the successor agency legal person; if there is no successor agency legal person, the agency legal person who made the decision to cancel shall enjoy and bear the rights and obligations. bear.

Article 99 Rural collective economic organizations obtain legal person status in accordance with the law.

Where laws and administrative regulations have provisions on rural collective economic organizations, those provisions shall prevail.

Article 100: Urban and rural cooperative economic organizations shall obtain legal person status in accordance with the law.

If laws and administrative regulations have provisions on cooperative economic organizations in urban and rural areas, those provisions shall prevail.

Article 101 Residents’ committees and villagers’ committees have the legal person qualifications of grassroots mass autonomous organizations and may engage in civil activities necessary to perform their functions.

If a village collective economic organization has not been established, the villagers committee may act on behalf of the village collective economic organization in accordance with the law.

4. Improve the protection of civil rights, especially the protection of intellectual property rights, virtual property, etc.

1. Clear provisions on the protection of personal information

"General Principles of the Civil Law" "Article 111 stipulates, "The personal information of natural persons is protected by law. Any organization or individual who needs to obtain other people's personal information must obtain it in accordance with the law and ensure the security of the information, and must not illegally collect, use, process, or transmit other people's personal information. , shall not illegally buy, sell, provide or disclose other people’s personal information.”

This time, the content related to personal information protection is written into the “General Principles of the Civil Law”. The biggest difference from the past is that it clarifies the ownership of personal information. Relationship means that individuals can treat information as a civil right. If this civil right is infringed, the person who has been infringed has the right to obtain legal relief. This is a major adjustment of the law with socio-economic changes.

2. Strengthened the protection of intellectual property rights

Article 123 of the "General Principles of the Civil Law" stipulates that "civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are rights holders' rights in accordance with the law." Exclusive rights for the following objects:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademark;

(4) Geographical indication;

(5) Trade secret;

(6) Integrated circuit layout design;

(7) New plant varieties;

(8) Other objects stipulated by law”

Intellectual property rights, as a type of civil rights, refer to the rights holders’ enjoyment of intellectual property objects in accordance with the law. exclusive rights. The General Principles of the Civil Law stipulates in principle the objects of intellectual property rights and leaves room for the regulation of intellectual property rights through separate laws.

3. Increase the protection of data and network virtual property

Article 127 of the "General Principles of the Civil Law" stipulates that "the law has provisions for the protection of data and network virtual property" ""Writing data and online virtual property (such as Internet accounts, game equipment, Q coins and other online property) into the "General Principles of the Civil Law" conforms to the actual needs of the development of the economy, society and people's lives, On the other hand, it also lays the foundation for further strengthening the protection in the civil law sense after the diversification of virtual property.

Data and virtual network properties are a special type of thing.

5. Improve the civil liability system and refine the liability sharing methods under different circumstances

Civil liability is the legal consequence of a civil subject failing to perform or incompletely performing civil obligations. Regarding civil liability, the "General Principles of the Civil Law" mainly provides the following provisions:

1. Civil subjects shall perform civil obligations in accordance with legal provisions or as agreed by the parties. If they fail to perform or incompletely perform, they shall bear civil liability in accordance with the law.

2. List the main ways to bear civil liability such as stopping the infringement, returning property, restoring the original status, compensating for losses, and punitive damages.

3. In order to correct the social atmosphere and encourage courageous acts of justice, if the rescuer causes damage to the recipient due to voluntary emergency rescue actions, the rescuer shall not bear civil liability.

Article 184 of the "General Principles of the Civil Law" stipulates that "If the recipient is harmed due to the voluntary emergency rescue act, the rescuer shall not bear civil liability.

" Cannot Let those who act bravely for justice "bleed and shed tears" has always been the voice of the public.

In view of the current cases of disputes caused by courageous acts of justice in our country, the General Principles of the Civil Law encourages and protects acts of courageous acts of justice in legal forms, which to a certain extent eliminates worries about acts of courageous acts of justice.

In addition, if one is harmed due to protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may provide appropriate compensation. If there is no infringer, the infringer has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.

6. The extension of the statute of limitations period further expands the space for rights protection

The statute of limitations is a legal system in which the rights will not be protected if the right holder does not exercise his rights within the statutory period. Regarding the statute of limitations, the "General Principles of the Civil Law" mainly provides the following provisions:

1. The period of the general statute of limitations is set as three years

Article 188 of the "General Principles of the Civil Law" Article 1 stipulates, "The statute of limitations for petitioning the People's Court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail."

Extend the general statute of limitations stipulated in the current General Principles of Civil Law from two years By three years, this change can adapt to the reality and judicial practice of the continuous emergence of new situations in social life, continuous innovation of transaction methods and types, and more complex rights and obligations. It is conducive to building an honest society and better protecting the legal rights of creditors. rights and interests.

2. Added special statute of limitations provisions

Article 191 of the "General Principles of Civil Law" stipulates, "The statute of limitations for claims for damages for sexual assault by minors The period is calculated from the date when the victim reaches the age of 18. "Minors who have been sexually assaulted can claim their rights in court from the age of 18 to 21.

If the period is suspended or interrupted, or even extended under certain circumstances, the period can be longer than the age of 21.

Increase the special starting point for the statute of limitations after minors are sexually assaulted, provide minors who have been sexually assaulted with the opportunity to seek legal relief when they reach adulthood, and better protect the interests of minors.

Extended information:

Eight major changes in the General Provisions of the Civil Law:

1. Changes in the "General Provisions of the Civil Law"

Time of birth and death of natural persons It is determined in the following order: "Birth certificate record→Household registration or other valid identity registration record→Other certificates", which changes the order of "Household certificate record→Birth certificate record→Other certificates" stipulated in the "Mintong Opinions"

II. Change 2 of the General Principles of the Civil Law

Article 16: The fetus is deemed to have rights and capacity when it comes to the protection of fetal interests such as inheritance and acceptance of donations, except if it is dead at the time of delivery.

This provision expands the scope of protection of the interests of the unborn child from the "special share" system of inheritance established in Article 45 of the "Opinions on the Inheritance Law" to "acceptance of gifts."

3. Change Three of the "General Principles of the Civil Law"

The age starting point for a natural person to limit his behavioral capacity is changed from 10 years old in the "General Principles of the Civil Law" to 8 years old.

If you don’t understand why it was modified in this way, you might as well visit the kindergarten and talk to the children to understand its rationality.

IV. Four changes in the "General Principles of the Civil Law"

(1) The "prerequisite for designation by relevant organizations" is cancelled, and relevant parties can directly apply to the People's Court for the designation of a guardian.

(2) Add provisions for “temporary guardian”.

(3) Add the system of "guardians designated by wills of parents of minors".

(4) Add "voluntary guardianship", that is, a person with full capacity of conduct "prepares for a rainy day" and negotiates with relevant subjects in advance to determine his or her future guardian.

(5) It stipulates that the guardian qualifications of "parents, children, and spouses" are separated from the obligations of "alimony, alimony, and alimony". That is, after the guardian qualifications are revoked, the relevant obligations should continue to be performed.

V. Five changes in the "General Principles of Civil Law"

(1) Establish the rule of "exemption from liability for minor negligence" for property custodians.

(2) Determination of the time of death of the person who was declared dead: in general cases, it is "the date when the judgment declaring death is made", and in special circumstances, it is "the date when the accident occurs".

(3) Provides exceptions for the spontaneous restoration of the marriage relationship after the death declaration is revoked: the spouse declares that he is unwilling to resume the marriage on his own.

VI. Six changes in the "General Principles of Civil Law"

The "General Principles of Civil Law" defines civil legal acts as "legal" acts, so there is a distinction between "civil acts" and "civil legal acts" substantial distinction. The "General Principles of the Civil Law" decisively removes the "legality" evaluation of civil legal acts, that is, as long as the expression of intention is an element and can cause changes in civil legal relations, it is a civil legal act.

Seven changes in the "General Principles of the Civil Law"

The effectiveness of civil legal acts carried out by persons with limited capacity for conduct——

(1) No longer distinguishing between unilateral acts and Contractual conduct. As long as the behavior is consistent with its behavioral capacity and meets other valid requirements, it will be valid; and for any behavior that exceeds the scope of its behavioral capacity, the validity is yet to be determined.

(2) This provision ends the situation in the old law era where the effectiveness of "unilateral acts" and "contractual acts" were differentiated (unilateral acts performed by persons with limited capacity to act are all invalid, and contractual acts are either valid or have yet to be determined) )

8. Eight changes in the "General Principles of the Civil Law"

The exercise period of the right of revocation in the "General Principles of the Civil Law" adopts a one-size-fits-all standard model: the subjective standard is 1 year.

The "General Principles of Civil Law" divides it into three situations:

(1) Fraud and obvious unfairness - subjective standard 1 year;

(2 )Coercion - 1 year from the end of the coercive behavior;

(3) Major misunderstanding - subjective standard of 3 months.

In addition, the above three situations are subject to a maximum expulsion period of 5 years (calculated from the date of the civil legal act).

China Laws and Regulations Information Database: General Principles of the People's Republic of China and Civil Law

China Laws and Regulations Information Database: General Principles of the People's Republic of China and Civil Law