Abstract
On January 29, 2016, the Legal Affairs Commission of NPC Standing Committee solicited opinions from various research institutions for the People’s Republic of China the General Provisions of Civil Law (draft) (hereinafter referred to as “the General Provisions of Civil Law (draft)”). On May 20, 2016, the General Provisions of Civil Law (draft) was further amended.
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Notes
- 1.
About the deliberation, see Liang (2016).
- 2.
Liang (2003b).
- 3.
See Jiang (2003).
- 4.
Wang (2014).
- 5.
Under ideal conditions, the carrier unit of compilation techniques for micro articles is “article”. In other words, an article of law is corresponding to a legal norm. However, in the legislative practice, sometimes, several articles are corresponding to a legal norm, and an article is corresponding to several legal norms. The standard hierarchy orientation of article, paragraph and item should be further unified.
- 6.
The differentiation and unification of “loss” and “damage” belong to the material compilation scope of article.
- 7.
However, the legal basis of decision of holiday beyond the Law on Holiday Office for National Annual Festivals and Memorial Days is still not clear, and it should be further improved, so as to realize the seamless connection with this regulation of the General Provisions of Civil Law in the future.
- 8.
About the essential change of the chapter of “Natural Persons”, see Chen (2016b).
- 9.
Paragraph 2 of article 31 of the Succession Law provides that: “A citizen may enter into a legacy-support agreement with an organization under collective ownership which, in accordance with the agreement, assumes the duty to support the former in his or her lifetime and attends to his or her interment after death, in return for the right to legacy.”
- 10.
In Paragraph 2, Article 180, the General Provisions of Civil Law, for the definitions of force majeure, the quotation mark of Article 153, General Principles of the Civil Law is deleted. It is suggested that all quotation marks of Article 205, the General Provisions of Civil Law should be deleted subject to the use way of punctuation mark of Article 99, the Criminal Law.
- 11.
Usage of Punctuation Marks (GBT 15834—2011) 4.6 Semicolon.
- 12.
The second semicolon of the item 2 of paragraph 1 of article 76 of the Road Traffic Safety Law is the typical example in which the period is misused as semicolon, see Yao and Wang (2008).
- 13.
References
Chen Huabin, “The Construction of the System of Juristic Act”, Political Science and Law, No. 7, 2016a.
Chen Huabin, “The Structure, Innovation and Improvement of the General Provisions of Civil Law of China”, Journal of Comparative Law, No. 5, 2016b.
Jiang Ping, “Making an Open Style Civil Code”, Tribune of Political Science and Law, No. 1, 2003. JIANG Ping, “Re-discussion on Drafting an Open Civil Code”, Jurist’s Review, No. 4, 2003.
Liang Huixing, “Incompact and Assembled Civil Code is Improper to the Situation of China”, Tribune of Political Science and Law, No. 1, 2003.
Liang Huixing, “Interpretation, Comment and Suggestion of the General Provisions of Civil Law (Draft)”, Journal of East China University of Political Science and Law, No. 5, 2016.
Wang Zhu, “The Legislative Procedure to Formulate Civil Code in the Mode of Codification of Nonbasic Law”, Peking University Law Journal, No. 6, 2014.
Wang Yi, “Legislative Suggest of System of Validity of Juristic Act”, Journal of Comparative Law, No. 2, 2016.
Yao Baohua, Wang Zhu, “Interpretation and Application of the item 2 of paragraph 1 of article 76 of the Road Traffic Safety Law (Newly Amended Version)”, People’s Justice, No. 15, 2008.
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Wang, Z. (2020). View on Formal Compilation Techniques for Articles of Civil Code from the General Provisions of Civil Law. In: On the Constitutionality of Compiling a Civil Code of China. Springer, Singapore. https://doi.org/10.1007/978-981-13-7900-0_11
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DOI: https://doi.org/10.1007/978-981-13-7900-0_11
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