On August 27 afternoon, civil code allusion makes up draft each minutes (next weighing " draft " ) refer thirteenth standing committee of countrywide National People's Congress first trial of the 5th conference. Draft makes up draft in tort liability in, perfected zoology environment to damage liability system. Accordingly, the office that law sets or organization plan to authority requests zoology environment infringer to assume repair responsibility, compensation relevant loss.
Draft in all 6 make up, namely matter right is made up, the contract is made up, character authority is made up, marital family is made up, successive make up, tort liability is made up, in all 1034. Among them, draft is made up in tort liability in, compare with photograph of law of active tort liability, draft perfected zoology environment to damage responsibility.
When Shen Chunyao of chairman of committee of job of legal system of standing committee of countrywide National People's Congress is making draft explain, express, 18 to fulfil a party 3 in plenary meeting puts forward " the responsibility that damages to creating zoology environment person implement compensatory system strictly " requirement, those who carry out a party 19 put forward greatly " should increase ecosystem to protect strength " decision-making deploy, union does in 2017, the country does those who combine print and distribute " system of zoology environment damages reforms scheme " , draft revises perfected zoology environment to damage liability system: Increase the castigatory sex that stipulates zoology environment is damaged to compensate for a system, draft regulation, the infringer disobeys a country intentionally to set those who harm zoology environment, be had to counterpoise by the infringer the castigatory sex compensation with corresponding request; Make clear the rehabilitate that zoology environment damages and compensatory system.
The rehabilitate that zoology environment damages and compensatory system are main body is the following now two article:
? Draft sets the 1010th times, harm zoology environment, can of repair, the office that law sets perhaps organizes infringer of request having right to assume repair responsibility. The infringer is inside deadline not of repair, the office that law sets perhaps is organized perhaps can entrust other to have repair by oneself, what need charge to be assumed by the infringer. Cannot of repair, the infringer ought to recoup a loss lawfully.
? Draft sets the 1011st times, the office that law sets perhaps organizes infringer of request having right to recoup following loss: Zoology serves functional loss during environmental rehabilitate; Zoology environment function is permanent damage the loss that cause; Investigation of zoology environment damages, appraisal assesses fee; The happening that perhaps prevents to damage for environment of zoology of cleared pollution, rehabilitate and the reasonable charge that enlarge a defray.
Draft is made up in the contract in, compare with active contract law, draft is the requirement provision that implements principle of green of civil code general principles: Party is fulfilled in the contract in ought to follow sincere letter principle, according to trading the habit has the resource conservation, obligation that reduces pollution, old other people is had to reclaim after contract termination compulsory; Stipulate business contract sells a person mediumly, be in legal or after the content of conventional mark uses at the expiration of one's term of office of fixed number of year effectively, should grant to reclaim, the agree is carried reclaim compulsory.
In addition, draft head is set " character authority is made up " , main content is 6 respects: What character counterpoises is general and regular, life power, body authority and health for the time being, full name authority and name counterpoise, effigies counterpoises, reputation authority and honor counterpoise, privacy right and individual information. Draft makes up share of right of the matter that use profit to increase a provision in matter right " living authority chapter " , living right person has authority to agree and be had via registering according to the contract, the residence of use other, stabilize life living need in order to satisfy its, this conduces to for fair hire room and old people to provide legal safeguard with room provide for the aged.
Compare with photograph of active marriage law, foster law, draft makes up in marital family make 5 respects revise: Just contract severe disease ought to be in marry each other is told according to the facts before registering, do not inform according to the facts, the other side can request cancel this marriage; In order to forge, fictional, risk the marriage that with the means such as certificate diddle marriage registers to disable; The divorce that rules a month is sober period, during this, any one party can recall to the mechanism that register divorce application; Increase the provision of reveal all the details of divorce damages, counterpoise marriage, live together with other, the home is cruel, mistreat abandon family member, other and major mistake brings about a divorce, just plan to be able to request damages without fault; Withhold the concerned content of family planning no longer.
Explaining finally, shen Chunyao says, after draft first trial, the foundation actual condition writes draft each minutes tear apart a few unit to undertake a certain number of second careful make peace are revised respectively perfect; In plan to submit to when joint hearing of countrywide National People's Congress is discussed, will before standing committee of the civil code general principles that already came on stage, course is discussed and revise perfect civil code to be in charge of each minutes to make up draft to incorporate be in charge of for a whole civil code, namely " civil code of People's Republic of China is in charge of (draft) " , submit to by standing committee of countrywide National People's Congress 3 conferences will discuss National People's Congress of 13 whole nations in March 2020.
