From the General Provisions of the Civil Law to Draft Civil Code: the Advent of a New Era of the Civil Law System in China

The Draft Civil Code, which will be submitted to the Third Session of the Thirteenth National People’s Congress for deliberation, marks the advent of a new era of the civil law system in China. Recently, Professor Sun Xianzhong, a deputy to the National People’s Congress, a member of the CASS Academic Committee and a research fellow at CASS Law Institute, was interviewed by Xinhua News Network on the draft civil code. In the interview, Professor Sun pointed out that, in 2014, China decided to adopt a “two-step” method for the compilation of the civil code: the first step was to adopt the General Provisions of the Civil Law; and the second step was to compile various parts of specific provisions of the civil law and to combine the revised and improved general provisions and specific provisions of the civil law into a complete draft civil code and submit it to the NPC for deliberation. In the past several years, Professor Sun has devoted much time and energy into the codification of the civil law and submitted many relevant motions, proposals and legislative reports to the NPC. He is very excited that now draft civil code will finally be submitted to the NPC for deliberation. He pointed out that the purpose of the compilation of the civil code is to eliminate the contradictions in the legislation through systematic and scientific integration of relevant legislations, so as to make the current civil law system into a legal system with scientific style, strict structure, a reasonable standard and a harmonized content. Scientific and systematic legal system serves to realize governance ideas by transforming them into operable norms and turn them into concrete legal provisions to be followed citizens and applied by judges.