Yesterday, the civil code law that gets social attention fully is made up each minutes (draft) submit to the 5th times the conference discusses standing committee of National People's Congress of 13 whole nations, this is civil code allusion of compilatory job important one pace, it is an important matter in our country civil legislation.
The life be closely bound up of civil code allusion and people, be called " the encyclopedia that the society lives " , it is the enunciative book of civil rights and safeguard book. Civil code allusion is protecting illicit right again, almost all civil activities can be covered, involve. Create goods business from the company, arrive from knot legitimate child birth, the square field surface in people life can be in civil code allusion find a basis.
So one crucial, with everybody the thing related self interest, why don't have the wide attention that can cause everybody, and the report of media also is headline only, is there thorough analysis?
Because the content of civil code allusion is honest too rich, legal clause is too much, the character is stated too long, nobody can look inside short time, change in information fragment especially, times of quick reading network. So, to can let the serious content in everybody's fast, simple understanding civilian code, the new rule in draft and window fabricate this second component below, do for everybody brief unscramble.
" civil code allusion is made up each minutes (draft) " set in all 6 make up, make up for matter right respectively, the contract is made up, character authority is made up, marital family is made up, successive make up, tort liability is made up, gross 1034.
[matter right is made up]1.During the residence builds the access that use the land when at the expiration of one's term of office automatic add period
This is the problem that an everybody cares generally, work laboriously earns money bought a house, result room this getting on write building land to have only 70 years use (business the ground 40 years, use the land integratedly 50 years, the residence uses the land 70 years, industrial land 50 years) . So, how should after expiring 70 years, do?
Automatic add period! Draft gave out to make clear the answer, during the residence builds the access that use the land of at the expiration of one's term of office, automatic add period. The pay of add period charge or derate, the regulation of according to law, administrative regulations.
2.The profit that mutual part generates belongs to owner to share
"Elevator belongs to resident to equally shared area, so is elevator advertisement expended why not does apportion give resident? " the doubt that this is a lot of people and dissatisfaction. There is specific provision in civil code allusion now, accrual belongs to owner to share.
Matter right writes the regulation in draft, company of service of construction unit, property is other perhaps manage a person, use the profit that the mutual part of owner generates, after deducting reasonable cost, belong to owner to share. In the meantime, the use that changes mutual part perhaps uses mutual part to be engaged in running an activity, ought to owner decides jointly.
3.Add one chapter technically to provide living power
Draft regulation, 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.
Providing living power is to approbate and protect the agile arrangement that civil main body ensures to housing, satisfy the living requirement of specific crowd, also conduce to for fair hire room and old people to provide legal safeguard with room provide for the aged
[the contract is made up]1.To trading article of medium Xiang Yu the Conqueror says " not "
This law provision will apply on October 1 last year " civil code general principles " in also have reflect, it is to realize fairness to trade principle.
The contract writes draft regulation, produce controversy to the understanding of format clause, ought to according to normally understanding gives explanation. To format clause two kinds of above explain, ought to make go against the explanation that offers clausal one party. Format clause and blame format clause are abhorrent, ought to adopt blame format provision.
2.Add room tenant newly preferential bear the system that hire advantageous position
To protect tenant interest, stimulative housing rents market health to develop, what draft increased housing tenant is preferential bear the system that hire advantageous position.
Preferential bear hiring advantageous position is to point to in the relation that rent, former tenant expires in the contract when requirement add signs the contract that rent, priority is had below coequal condition to renting content formerly. What what in be similar to active law, set is preferential buy right.
3.Old other people is had to reclaim after contract termination compulsory
Draft regulation, 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, return those who set business contract to betray a person to be had lawfully at the same time reclaim compulsory.
After contract termination, contract party still has a few obligation, the contract after calling is compulsory. Alleged hind the contract is compulsory, after the right obligation that points to a contract is stopped, the regulation of law of party according to, follow honest credence principle, be used to the obligation that fulfil according to trading.
This says so that have to choose art of the Imperial College, understand simply, after hiring a guest to rent an end in the building namely accountability clear away a house, restore unvarnished; The businessman has the environmental protection responsibility to the place when selling a thing.
[character authority is made up]This one reorganize is new, the content that character counterpoises, it is to be put in before general principles, topical in the center, sheet establishs a cent to make up now, reflected the Moses attention to character authority and protection.
Character authority is the right that the character benefit with civil specific to its main body enjoys, matter to the character dignity of everybody, it is the right with civil the the basiccest, most important principal part.
The largest window: Right " the gender is annoyed " make specific provision
Character authority draft sets, violate other apiration, perhaps use the means such as appurtenant relation to execute a gender to annoy to other with verbal, action, the victim can request behavior person to assume civil responsibility lawfully. (is not merely before administrative punishment, increased civil liability)
Unit of choose and employ persons ought to take reasonable precaution in yard place, complain, deal with wait for measure, prevent and check the gender harasses behaviour.
[marital family is made up]1.Add a divorce newly sober period system
Because the divorce procedure that register is too simple, the phenomenal grow in quantity of imprudent divorce. For this, the divorce that draft ruled a month is sober period, during this, any one party can recall to the mechanism that register divorce application.
2.Withhold no longer " family planning " concerned content
The provision at family planning is concerned in active marriage law, foster law, "Execute family planning " " both sides of husband and wife has the obligation that fulfils family planning " " late childbirth of marry at a mature age should grant to encourage " " the law that adopts to must not violate family planning, code " . To get used to new change of situation of our country population, draft provides the content of concerned family planning no longer.
3.The person that have a children also can adopt a children
Draft relaxed the consignee's condition, set " issueless consignee is OK and foster two children; The consignee that has a children can adopt only a children " . This is the change that as fluctuant as family planning policy photograph gets used to.
4.The disease is the case that prohibits marrying no longer
Active marriage law sets, the person that contract the disease that thinks to ought not to marry on medicine prohibits marrying. This sets very difficult in practice operation, and fall in the circumstance of know the inside story of the other side, the marriage that whether contract a disease and can not affect litigant like that surely apiration. Counterpoise independently to respect the marriage of party, draft regulation, 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.
5.Disagree to parentage but to lodge a complaint
Draft is new increased a provision, "Disagree to parentage, father, mother is grown perhaps children is OK to people court to lodge a complaint, the request affirms or deny parentage. The request affirms or deny parentage..
[successive make up]1.Notarial will no longer preferential, add newly print, the will form such as kinescope
For the real intention of person of cogent esteem will, draft revised will effectiveness regulation, in deleting inheritance act set preferentially about notarial will effectiveness. According to draft regulation, will person can recall, the will that him change establishs. After making a will, will person carries out as contrary as will content behavior, regard what allow to will photograph inside Shanghaiguan as to recall.
Establish will of portion of know exactly about sth, content photograph is inimical, last already testament is accurate.
In the meantime, to get used to the development need of science and technology, draft increased to print, the new will form such as kinescope.
2.Enlarged limits of bring up person
To ensure bequest gets be breakinged up appropriate management, smoothly, avoid and reduce issue, draft provided the content such as generation means of the administrator, duty and right. Draft still perfected system of agreement of bequeath bring up, enlarged the limits of bring up person appropriately, in order to satisfy requirement of diversification of form of provide for the aged, industry of stimulative the aged grows.
[tort is made up]1.Enlarge mental damages suitable scope
Draft enlarged the suitable scope of mental damages, increase a provision, natural person of intended enroach on has the specific article of person sense to cause serious spirit to damage, be had to counterpoise by the infringer request spirit damages.
For instance, somebody mars the family member picture with only other people intentionally, ancestral perhaps thing (no matter valuable) , cause another person serious spirit is damaged, this kind of circumstance can consider to request mental damages.
2.By " element of person pork search " can beg countervail
Tort liability writes draft regulation, the person that service of network user, network is offerred uses civil rights of other of network enroach on (privacy) , ought to assume tort responsibility.
Network user uses a network to serve executive tort behavior, obligee has authority to inform the website is adopted delete, screen, disconnect the necessary step such as the link. The website takes necessary step not in time, to harm enlarge much and this network user assume joint liability.
3.Stipulate the environment damages castigatory sex compensation
Right the person that create the liability that zoology environment damages implements compensatory system strictly, increase ecosystem to protect strength, draft stipulates 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. Draft still made clear the rehabilitate that zoology environment damages and compensatory system.
