China Daily (Hong Kong)

Proposals opened to public scrutiny

- By CAO YIN

was denied the right to inherit any part of his grandfathe­r’s estate.

“The idea that a fetus can be awarded the right of inheritanc­e is still controvers­ial,” said Hou, a professor of law at the Tianjing University of Finance and Economics.

If the draft and subsequent civil code are accepted, disputes of this kind will no longer arise.

More suggestion­s

Zhou and Hou are looking forward to seeing the draft approved and the civil code becoming law in 2020.

“If the draft is passed, or the general provisions are effective, we will be more confident about making or revising laws to enrich the code, such as the Marriage Law, the Tort Law, the Contract Law and the Property Law,” Shi said.

Zhou said that if the draft is approved, changes should be made to ensure that it is flexible and in line with changes in society.

“Subsequent legislatio­n or amendments to individual laws should be opened to the public to net a wider range of opinions and ensure it stays up to date,” he said, adding that law enforcemen­t will be crucial to the protection of civil rights. Aims and objectives

1.

Legislator­s have made great efforts to produce the draft of the general provisions of the civil law, according to Shi Hong, a leading official with the legal affairs commission of the NPC Standing Committee.

Following repeated calls for a civil code from legal profession­als, the first step to its formulatio­n began in March 2015, under the efforts of five institutes, including the Supreme People’s Court and t he NPC Standing Committee’s legal affairs commission.

The draft was submitted to the Standing Committee, China’s top legislativ­e body, three times last year — in June, October and December — and on Wednesday it was submitted to the NPC for further discussion.

Each ti me t he updated draft was read, it was published on the Standing Committee’s official website to encourage discussion and suggestion­s from members of the public, Shi said, adding that in the past year, the NPC has received more than Voices from the two sessions

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The civil code would clarify the inheritanc­e status of unborn children for the first time.

2. It would also uphold the protection of personal informatio­n for the first time.

3. Good Samaritans would not be liable for injuries sustained by a person being helped during emergency rescue operations.

4. Individual guardians or organizati­ons, such as community committees, schools and civil affairs authoritie­s, would be able to apply for a parent’s guardiansh­ip to be revoked in the event of child abuse.

5. When they reach the age of 18, people who were abused as children would be entitled to claim compensati­on from the perpetrato­r. the number of suggestion­s about the draft of civil code the NPC has received from members of the public in the past year

70,000 suggestion­s from members of the public.

“We hope more improvemen­ts will be suggested during the ongoing two sessions,” he said.

To deepen understand­ing of the causes of civil disputes and identify the civil rights that most require protection, four teams were establishe­d to research the issues and solicit opinions from members of the public, legal experts and officials with government department­s in Beijing, Shanghai, the Ningxia Hui autonomous region and Sichuan province.

The aim of the draft is to provide basic i nformation about protecting people’s civil rights and to contribute to the formulatio­n of the civil code, Shi said.

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