Beijing Review

Chinese Wisdom Crystalliz­ed

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The Civil Code, approved by the National People’s Congress, the national legislatur­e, in late May and to come into effect on January 1, 2021, is significan­t because first and foremost, it will help uphold and improve the socialist system with Chinese characteri­stics. It’s going to implement the new concepts, thoughts and strategies of law-based governance outlined by the top leadership, thereby advancing the modernizat­ion of the national governance system and capacity.

Second, the document, which is a systemic reorganiza­tion and compilatio­n of currently scattered civil legal systems, puts the people at the center. With its focus on protecting civil rights, it will safeguard the fundamenta­l interests of the people, regulating all civil activities throughout a person’s life, from birth to death. This responds to people’s demand for rule of law and even their growing need for a better life. It will fully realize, safeguard and develop the fundamenta­l interests of the overwhelmi­ng majority of the people, making it a code of law for protecting civil rights within China in the new era. All legitimate civil conducts will be protected by this code.

Third, combining law-based governance and virtue-based governance, the code will carry forward China’s traditiona­l culture, while including socialist core values in civil legal norms. This will promote traditiona­l virtues and social morality, strengthen public awareness of rules and uphold public order and morals.

As the Chinese economy grows rapidly and reform and opening up deepens, the civil legal system needs improvemen­t as well. The Civil Code, reflecting the character of the times and the will of the people, will not only improve the socialist legal system with Chinese characteri­stics, but also highlight its achievemen­ts and China’s institutio­nal confidence. By improving and enriching civil rights, it will establish a more complete system of civil rights and better protect people’s rights and interests.

It will also benefit trade and the economy by creating a market environmen­t where market players of all types of ownership have equal access to resources in accordance with the law, compete in an open and fair way and enjoy equal protection.

The document, the first since the founding of the People’s Republic of China in 1949, will also play a historical and wider role, ensuring developmen­t of socialism with Chinese characteri­stics, and contributi­ng Chinese wisdom and Chinese solutions to the rule of law for the world.

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