scholarly journals Characteristic Features of the Civil Code of the People’s Republic of China

2021 ◽  
Vol 16 (12) ◽  
pp. 199-211
Author(s):  
A. P. Alekseenko
Keyword(s):  
Civil Code ◽  
People’S Republic Of China ◽  
Chinese Society ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Chinese Law ◽  
The Status ◽  
History Of ◽  
Characteristic Features

One of the most important events in the history of modern Chinese law was the adoption of the first Civil Code by the National People’s Congress in 2020 and its entry into force in 2021. The work on the code has been going on for a considerable amount of time; its appearance was preceded by several unsuccessful attempts at codification. The paper argues that the Civil Code of the People’s Republic of China is based on the provisions of the continental, general, socialist and traditional Chinese law. Using the method of comparative legal analysis, the features of the structure and content of the Civil Code of the People’s Republic of China were revealed. In particular, a number of provisions related to the digitalization of the economy are highlighted, which can be recommended to be used by the domestic legislator to improve the legislation of Russia. It is argued that although structurally the Civil Code of the People’s Republic of China has original features, it is grounded on the German Civil Code. It is concluded that the section of the code devoted to the property law to the greatest extent reflects the state system existing in the People’s Republic of China. It has also been proven that a number of norms on legal entities and on organizations that do not have the status of a legal entity are formulated based on the traditions of Chinese society.

scholarly journals The Process of Civil Law Codification in China

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 135-139
Author(s):  
Zhihua Wang
Keyword(s):  
Free Market ◽  
Civil Law ◽  
Civil Code ◽  
Early Years ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Legal Traditions ◽  
History Of ◽  
Apparent Reason

The paper analyzes the process of modern codification of civil law in China, provides a historical overview of the codification of civil law in China, raises the problems of private law codification and analyzes the political, economic and other sources of these problems. It is noted that only criminal (public) law was present in traditional China. Legal traditions based on the rule of criminal law continued for more than 2,000 years until the early years of the twentieth century. China has not embarked on the path of modernizing the legal system and codifying civil law. In 1929-1930, the first Civil code in the history of China was adopted. It was built on the Swiss and German civil codifications model, simultaneously reflecting the experience of the Japanese, French and Soviet codifications of civil law. After the PRC was formed, the stage of extensive borrowing of Soviet socialist law, including civil law, began. However, attempts to codify the law failed, the reasons for which lie in legal nihilism and a lack of necessary attention from the authorities. The transition from an administrative planned economy to a free market one prompted the legislator to temporarily abandon the idea of codifying civil legislation. Instead of one codified law, it was decided to adopt several special ones. In the 21st century, a new stage of codification of civil law in China has begun. In 2002, the fourth draft of the civil code of the PRC was published, which for no apparent reason has sunk into oblivion. In 2014, the process of codification of civil legislation has become more active, and in 2017, part one of the future civil code of the people’s Republic of China was adopted. In accordance with the civil law codification plan in March 2020 the Civil Code of the People’s Republic of China should be adopted as a whole.

Ensuring the Rights and Legal Interests of the Victim when Checking the Crime Report: A Comparative Legal Analysis of the Criminal Procedure Codes of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Procedure Code ◽  
The Russian Federation ◽  
Procedure Codes

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.

The Portuguese Republic and the People’s Republic of China: Impact and Trends of Economic Diplomacy

2020 ◽  
Vol 03 (02) ◽  
pp. 2050003
Author(s):  
Francisco B. S. José Leandro ◽  
Danilo Lemos Henriques
Keyword(s):  
People’S Republic Of China ◽  
Political Agenda ◽  
Diplomatic Relations ◽  
People's Republic Of China ◽  
Economic Relations ◽  
Republic Of China ◽  
Economic Diplomacy ◽  
The Status ◽  
The Republic ◽  
The Relationship

This paper will examine the interplay and relationship between bilateral diplomatic relations and economic relations through the lens of political factors, examining the concrete case of the Republic of Portugal and the People’s Republic of China. It will consider their common past — the nations’ historical similarities, their common aims and ideological differences, and analyze the alignment and the synergy developed in the modern era in developing common platforms of aims and will, in terms of political agenda-setting, such as through the issue of the status of the territory of Macao and the relationship with Portuguese-speaking countries (PSCs). It further analyzes the past few decades through the signing of diplomatic protocols, engaged bilateral and multilateral economic diplomacies, and growing commerce and trade links to identify the key trends and extrapolate relevant correlations. We examine the progresses in the relationship between the advancement of Sino-Portuguese diplomatic relations and the development of economic interplay post the 1979 period, following the formal establishment of bilateral diplomatic relations. We argue in favor of an existing positive correlation between acts of economic diplomacy and the development of bilateral economic relations. This paper presents a methodological, theoretical-inductive, and constructivist perspective, combining qualitative, quantitative, and non-participated observation.

Debate on Rationality and Legitimacy of “House-for-Pension” Pension Model Use in People’s Republic of China

10.12737/6732 ◽  
2014 ◽  
Vol 2 (6) ◽  
pp. 36-39 ◽  
Author(s):  
C Вэйдун ◽  
Cyuy Veydun ◽  
Хунтин ◽  
Yan Hongting
Keyword(s):  
Pension System ◽  
People’S Republic Of China ◽  
Pension Scheme ◽  
Chinese Society ◽  
People's Republic Of China ◽  
Similar Model ◽  
Reverse Mortgage ◽  
Republic Of China ◽  
Budget Support ◽  
The Future

“House-for-pension” scheme also known as reverse mortgage is used in many countries nowadays. An interest to this model is increasing in Chinese society too. But is “house-for-pension” scheme really suitable for China? In the present paper possible options related to "house for pension" scheme adaptation to the Chinese conditions have been analyzed, and a conclusion that the similar model doesn´t suit China has been drawn. Chinese pension system still needs for state budget support as a main source of financing, and for using of traditional pension provision. “House-for-pension” scheme will be able become a supplement source of financing only in the future.

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