Giant Leap

The adoption of the General Provisions of the Civil Law at the Fifth Session of the 12th National People’s Congress, China’s top legislature, on March 15 marked a milestone in the rule of law in the country.

China urgently needs a civil code which incorporates laws on property, contract, tort liability, marriage and inheritance to suit its contemporary society.

The General Provisions, the opening chapter of the long-awaited civil code, contain provisions on a wide range of issues from ecological conservation to property protection and the guardianship system. It outlines the basic principles and general rules of the civil law.

The new law is based on the General Principles of the Civil Law adopted in 1986, which were partly revised in 2009. The General Provisions deleted outdated provisions of the General Principles and added new ones to better protect the civil rights of individuals and organizations. For instance, the statements that civil activities should follow state policies where no relevant legal provisions exist and that civil activities shall not undermine state economic plans, were taken out.

The General Provisions extend inheritance rights to unborn children and lower from 10 to eight years the statutory age at which minors are considered to have limited capacity for civil conduct. Protection of personal rights is highlighted in the General Provisions. For the