LINE

    Text:AAAPrint
    Politics

    Civil code to strengthen rights' protection(2)

    1
    2017-03-09 09:05China Daily Editor: Feng Shuang ECNS App Download

    Things changed after a surge in civil disputes in recent decades prompted the government to introduce a number of special laws ahead of the main legislation, aimed at protecting civil rights, such as those related to inheritance, marriage and property.

    "We have prepared the draft to cover a wide section of society and solve disputes that have arisen as a result of the rise of the internet. We hope the draft will guide the sections that follow and result in a unified code," he said.

    The code will not simply integrate existing legislation, though. "Instead, it will be a new, scientific and comprehensive measure, like an 'encyclopedia' in which people will be able to find answers if they encounter civil disputes," he added.

    Public demand

    NPC deputy Zhou Guangquan, who participated in the formulation of the draft, said the public is eager to see the code come into force: "Everyone will come into contact with it if they experience problems."

    In China, urban residents often turn to the laws related to contracts or tort, which determines legal liability, to deal with disputes with schools, hospitals, potential employers, property and vehicle purchases. Some people even use the laws to settle arguments about the quality of service or food at restaurants.

    However, in rural areas, people use civil laws if they encounter problems when attempting to sell agricultural produce or transfer land, said Zhou, who is also a professor of law at Tsinghua University in Beijing.

    He said the code will be drawn up to comply with modern developments and "resolve new problems in society".

    "During recent Mid-Autumn Festivals, I have noticed that there is too much packaging on moon cakes, but if the draft being discussed is approved, the problem will be eradicated because it places a high priority on resource conservation," he said.

    As China and the world enter the age of big data, the protection of personal information has prompted discussion, he said, adding that protection has been written into the draft as a key feature.

    "It shows the progress the legislation has made because it satisfies people's urgent demands. I believe that if it were adopted, a code based on the general provisions would further improve the rule of law," Zhou added.

    Hou Xinyi, a member of the National Committee of the Chinese People's Political Consultative Conference, praised the draft when he discovered that it will extend inheritance rights to unborn children, if circumstances demand.

    The issue has long been a bone of contention in China.

    A recent case serves as a good example: A woman's husband died while she was pregnant. Later her father-in-law also died. Her husband's two brothers argued that her unborn child did not exist in a legal sense, lobbied for equal shares of their father's assets and tried to exclude their dead brother's family.

    The woman appealed the case, but under the current law the court was unable to decide whether the unborn child could be classed as a legal entity.

    As a result, the unborn child was denied the right to inherit any part of his grandfather's estate.

    "The idea that a fetus can be awarded the right of inheritance is still controversial," said Hou, a professor of law at the Tianjing University of Finance and Economics.

    If the draft and subsequent civil code are accepted, disputes of this kind will no longer arise.

    More suggestions

    Zhou and Hou are looking forward to seeing the draft approved and the civil code becoming law in 2020.

    "If the draft is passed, or the general provisions are effective, we will be more confident about making or revising laws to enrich the code, such as the Marriage Law, the Tort Law, the Contract Law and the Property Law," Shi said.

    Zhou said that if the draft is approved, changes should be made to ensure that it is flexible and in line with changes in society.

    "Subsequent legislation or amendments to individual laws should be opened to the public to net a wider range of opinions and ensure it stays up to date," he said, adding that law enforcement will be crucial to the protection of civil rights.

      

    Related news

    MorePhoto

    Most popular in 24h

    MoreTop news

    MoreVideo

    News
    Politics
    Business
    Society
    Culture
    Military
    Sci-tech
    Entertainment
    Sports
    Odd
    Features
    Biz
    Economy
    Travel
    Travel News
    Travel Types
    Events
    Food
    Hotel
    Bar & Club
    Architecture
    Gallery
    Photo
    CNS Photo
    Video
    Video
    Learning Chinese
    Learn About China
    Social Chinese
    Business Chinese
    Buzz Words
    Bilingual
    Resources
    ECNS Wire
    Special Coverage
    Infographics
    Voices
    LINE
    Back to top Links | About Us | Jobs | Contact Us | Privacy Policy
    Copyright ©1999-2018 Chinanews.com. All rights reserved.
    Reproduction in whole or in part without permission is prohibited.
    主站蜘蛛池模板: 绥棱县| 合山市| 姚安县| 莱芜市| 浑源县| 芦溪县| 金堂县| 武清区| 安义县| 舒兰市| 滨海县| 淮南市| 民县| 屏南县| 罗山县| 缙云县| 乌审旗| 山西省| 洛浦县| 黄大仙区| 通河县| 扶余县| 错那县| 神农架林区| 鲁山县| 芮城县| 武功县| 湘阴县| 富蕴县| 南城县| 吉隆县| 宝坻区| 繁昌县| 岑巩县| 阿巴嘎旗| 章丘市| 汝城县| 兴文县| 措勤县| 纳雍县| 潞西市|