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Prof. Yang lixin Gave a Speech on 447th Civil-commercial Law Frontier Forum: the Stipulation of Specific provisions of Civil Law After General Provisions of the Civil Law

On the evening of April 10, 2017, the 447th civil-commercial law frontier forum was held in 601 international lecture hall of Mingde Building in Renmin University of China (RUC). Prof. Yang Lixin, director of the civil and commercial legal science research center of RUC and vice president of Chinese Civil Law Research, did a subject report on “the formulation of civil law specific provisions after Civil Code passed”. Xie Hongfei, a researcher of Institute of Law of Chinese Academy of Social Science, Yuan Xueshi, a deputy director of the Legal Affairs Office of the State Council, Zhu Hu, an associate professor of law school of RUC, attended the forum as honored guests and participated in the discussion. The forum was hosted by Prof. Gao Shengping from law school of RUC.



Prof. Yang elaborated the forum topic from three aspects. The first part was about the role of the compilation of General Provisions of the Civil Law in Civil Code and its general effects on compiling and editing of specific provisions. Firstly, General Provisions of the Civil Law is the first work of Civil Code. It stipulates the basic principles and general rules, commands the specific provisions of civil lawwhich will be designed on the basis of the General Provisions. Secondly, the basic principles and general rules which have been established in the General Provisions have changed greatly and made progress, therefore the content of specific provisions is not in violation of the general rules of the General Provisions.


The second part was about which parts in the General Provisions will have impacts on the specific provisions. Prof. Yang made a careful and detailed analysis on the rules of the General Provisions. He introduced the impacts of the basic principle of civil law, civil subject, object, civil juristic acts, civil liability in detail on the specific provisions of civil law.


The third part was about the specific impact of the General Provisions on the specific provisions. Firstly, the distinction and coordination between basic principles of the general and the specific provisions. Secondly, the detailed rules of unincorporated organizations as the civil subject part. Thirdly, the part of civil rights should correspond to related complete specific provisions. Fourthly, the impact of the new civil subject in the civil subject part on the real right part. Fifthly, excepted stipulated in the general, unjust enrichment and spontaneous agency should be stipulated in non-contractual obligation. Sixthly, the impact of the provisions involving in inheritance on the specific provisions.


On the discussion phase, Xie mainly talked about the following points. The first was the legal status of private schools after the General Provisions passed. The second was the specific provisions would possibly take moderate modification model. The third was the provisions involving in contract effectiveness must be consistent with those of civil legal act in the general. The fourth was the General Provisions should make some corresponding adjustments to overall coordination in the system after the specific provisions passes.



Associate professor Zhu, mainly talked about the impact of the General Provisions on contract part and real right part of specific provisions. He argued that the effectiveness of civil legal acts needn’t to be stressed repeatedly in the specific provisions on given that it has been stipulated in General Principles, except for making up for deficiency. In addition, in view of the close relationship of parental authority and guardianshipit’s feasible that guardianship is placed in the part of marriage and family law of the specific provisions.


Yuan talked three points around the subject. Firstly, civil law is “governance law”, regulating the whole process from people’s birth to death. Civil legal system involves all aspects of country and social governance. Secondly, civil law is “humanistic law”. The specific provisions of civil law should reflect the humanities color. For example, marriage and family law should change the situations such as marriage without family or strong marriage but weak family, that is to say, determining civil subject’s status. Thirdly, civil law is “technical law”. Parts of the specific provisions have to connect with criminal law and administrative procedure law.


In the end, Prof. Yang discussed related questions with teachers and students. The lecture ended in warm applause.


(Editor: Sui Chuan)

 
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