Abstract
On October 23, 2014, Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Promoting the Efforts to Rule by Law (hereinafter referred to as Decision to Rule by Law) was adopted by the 4th Plenary Session of the 18th Central Committee of Communist Party of China. This decision is composed of seven parts, namely “First, adhere to the path of socialist rule of law with Chinese characteristics, and build the socialist system of rule of law with Chinese characteristics”; “Second, perfect the socialist legal system with Chinese characteristics which takes the Constitution as core, and strengthen the implementation of the Constitution”; “Third, further promote the level of administration by law, and accelerate the construction of law-based government”; “Fourth, ensure the fair justice, and improve the judicial credibility”; “Fifth, enhance the national concept of rule of law, and keep pushing forward the construction of law-based society”; “Sixth, strengthen the team building for the construction of rule of law” and “Seventh, strengthen and improve the CPC’s Leadership on Promotion of Rule by Law”.
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Notes
- 1.
In the Decision to Rule by Law, after “to compile the Civil Code”, comma but not period exists. However, in terms of expressed content, it may be distinguished from the contents of the same sentence thereafter. This is also evidences of the orientation of content of such decision from another angle.
- 2.
Wu (2011).
- 3.
Wang (2014).
- 4.
Liang (2003).
- 5.
Wang (2008).
- 6.
Constitution law scholars conclude such “privilege” means that (1) “non-basic laws” enacted by NPC cannot contradict “basic laws”, and (2) laws enacted by the Standing Committee of NPC cannot contradict basic laws. See Han (2003).
- 7.
“The law that stipulates otherwise” refers to the fact that there is a law that establishes clearly that the application rule of a certain law is an “absolute special law”, e.g. Article 2 of Law on the Protection of Consumer Rights and Interests states: “The rights and interests of consumers in purchasing and using commodities or receiving services for daily consumption shall be under the protection of the present law, or under the protection of other relevant laws and regulations in absence of stipulations in this law.” Article 3 states: “Business operators shall, in their supply of commodities produced and sold by them or services to consumers, abide by the present law, or abide by other relevant laws and regulations in absence of stipulations in the present law.” As to the difference between “comparative special law” and “absolute special law”, see Wang (2012).
- 8.
Wang (2008).
- 9.
As to the analysis on the constitutionality and deduction, see Wang (2010). This issue will be further elaborated in the following context.
- 10.
Wang (2008).
- 11.
Wang (2008).
- 12.
Wu (2011).
- 13.
Sun (2013).
- 14.
The English translated text of every volume of Lao Civil Law is available at http://www.ilp.gov.la/Lao_Law_Eng.asp, the latest access time: August 31, 2017. See Wang (2017).
- 15.
First Civil Code in Laos Being Drafted, available at http://www.aseanaffairs.com/laos_news/politics/first_civil_code_in_laos_being_drafted, the latest access time: August 31, 2017.
- 16.
Civil Code of Czechoslovak Socialist Republic, trans. by Zheng Min, Law Press, 1956.
- 17.
Civil Code of German Democratic Republic, trans. by Fei Zongyi, Law Press, 1982.
- 18.
Xu (2000).
- 19.
See Wei (2008).
- 20.
Civil Code of Mongolia, trans. by Hai Tang & Wu Zhengping, China Legal Publishing House, 2002.
- 21.
Xu (2003).
- 22.
Liu (2012).
- 23.
Kato (2001).
- 24.
Su (2010).
- 25.
See Lin (2002).
- 26.
As to this “controversy over constitutionality”, relevant academic discussions and the ideas of the author, see Wang (2006).
- 27.
Yang (2008).
- 28.
As to discussion over its constitutionality, see Wang (2010).
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Wang, Z. (2020). Necessity of Substantially Compiling the Civil Code as Soon as Possible. In: On the Constitutionality of Compiling a Civil Code of China. Springer, Singapore. https://doi.org/10.1007/978-981-13-7900-0_1
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