Apart from the laws concerning contracts, marriage, inheritance and adoption, this draft of Civil Law goes one step further to include laws of real rights, right of human dignity, duty of right violation and so on.
Of these, the real right law catches the eye as it involves the protection of private property. Gu Angran from the National People's Congress (NPC) says the principles and rules set out in the law are applicable both to the property of civilians and that of non-public enterprises.
“Natural persons and non-public companies should have rights to their movable and immovable properties. Private savings, investments and the ensuing benefits are protected in the country.”
Gu Angran says that strengthening the protection of real rights is the most important aspect of this area. This draft takes a comprehensive look at the protection of real rights. No one has the right to occupy another person’s movable and immovable property. The obligee has the right to reclaim the original properties and have damaged parts restored, and can also request compensation.
Some law experts say the real right law will protect the material interests of laborers and enterprises, which could boost the country’s productivity.
Law Professor Zhou Wangsheng, from Peking University praises the NPC Standing Committee for holding this discussion on civil law.
“The civil codes of France and Germany, Roman Law and the civil codes of some other countries have acted as milestones in the legal construction of those countries. This civil law could probably become an important path of China marching towards modernization.”
China published the General Rule of Civil Law in 1986, stipulating the protection of human rights regarding life, health, reputation and image, and this new draft adds to the rights of credibility and privacy. These stipulations aim to further improve the market economy environment of China and are considered an active approach towards the improvement of people’s living standards and human rights.
(cri.com.cn December 24, 2002)