General Principles of the Civil Law of the People's Republic of China

The General Principles of the Civil Law of the People's Republic of China (Chinese: 中华人民共和国民法通则) is a law in the PRC that was promulgated on April 12, 1986[1] and came into force on January 1, 1987.[2] It is heavily influenced by the German Civil Code. It is the main source of civil law in the PRC and seeks to provide a uniform framework for interpreting the PRC's civil laws.[3]

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Unlike most civil law jurisdictions, the PRC does not have a comprehensive civil code, and attempts to create one by the Chinese government have been difficult and controversial. The General Principles include both civil rights and liabilities under civil law, and contains 9 chapters and 156 articles. The chapters deal with the following topics:

Chapter I - Basic Principles

Chapter II - Citizen (Natural Person)

Chapter III - Legal Persons

Chapter IV - Civil Juristic Acts and Agency

Chapter V - Civil Rights

Chapter VI - Civil Liability

Chapter VII - Limitation of Action

Chapter VIII - Application of Law in Civil Relations with Foreigners

Chapter IX - Supplementary Provisions [1]


The main purpose of the law is stated in Article 1,"This Law is formulated in accordance with the Constitution and the actual situation in our country, drawing upon our practical experience in civil activities, for the purpose of protecting the lawful civil rights and interests of citizens and legal persons and correctly adjusting civil relations, so as to meet the needs of the developing socialist modernization." [1]


CIVIL CODE
  • Civil Code of People's Republic of China, passed on May 28, 2020, effective Jan. 1, 2021.

Please note this is an extract of an unofficial translation, for information only.

CHINA'S CIVIL CODE Translated by Allan C.Y.Wang

THE CIVIL CODE OF PEOPLE’S REPUBLIC OF CHINA (Adopted by the 13th National People’s Congress at its 3rd Session on May 28, 2020)

Title I The General Part

Chapter 1. General Provisions

Article 1. Purpose of the Civil Code This Code is enacted in accordance with the Constitution to protect the legitimate rights and interests of subjects of civil law legislation, to regulate the civil relationships, to maintain the order of socioeconomic activities, to suit the needs of the development of socialism with Chinese characteristics, and to promote socialist core values.

Article 2. Governing Scope of the Civil Code The Civil Code regulates personal and proprietary relations between natural persons, juristic persons and organizations other than juristic persons as equal subjects of civil law.

Article 3. Protection of Civil Law Rights and Interests The personal rights, proprietary rights and other legitimate rights and interests of the subjects of civil law are protected by the Civil Code. No organization or individual may violate them.

Article 4. The Principle of Equality Parties in civil law activities are of equal status and shall not be subordinate to one another.

Article 5. The Principle of Voluntariness Parties in civil law activities shall act voluntarily and may, according to their own will, establish, modify or extinguish civil law relations.

Article 6. The Principle of Fairness Parties in civil law activities shall create their rights and obligations according to fair rules.

Article 7. The Principle of Good Faith and Honesty Parties in civil law activities must act in good faith, being honest and honoring their commitments.

Article 8. The Principle of Compliance with Law, Public Order and Good Morals Civil activities shall neither violate the law, nor shall they be contrary to public order and good morals.

Article 9. The Principle of Green Life Parties in civil law activities shall act in a manner that conserves resources and protects the ecological environment.

See Also
  • Civil Code of People's Republic of China, passed on May 28, 2020, effective Jan. 1, 2021.

References
  1. "General Principles of the Civil Law of the People's Republic of China". webcache.googleusercontent.com. Retrieved 2019-03-28.
  2. According to Article 156, "This Law shall come into force on January 1, 1987."
  3. Wang, Chang (2013). Inside China's legal system. Madson, Nathan H. Oxford, UK: Chandos Publishing. pp. 145–6. ISBN 978-0857094612. OCLC 878805962.
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