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To facilitate its translation from a planned
economy to a market economy and to cater to requirements of the
World Trade Organization, China has begun compiling a complete civil
code essentially covering all kinds of civil relationships.
The 216-page and 1200-odd-article draft law was presented on
Dec 23, 2002 to the Standing Committee of the National People's
Congress (NPC), China's national legislature, for the first hearing.
The civil code is intended to regulate the property and personal
relations of individuals and legal entities, and to serve as a standard,
or the "Bible", of social life, jurists said.
Over the past more than two decades, China has formulated General
Rules of Civil Law and separate laws on contracts, hypothecation,
copyright, trademark, patent, marriage, adoption and inheritance.
Articles regulating civil relations also appeared in many other
laws. All the laws and provisions have formed the existing civil
law system in China, but there are still other components yet to
be created。 In the draft civil code, additions have been made on
laws concerning property, personal rights, legal consequences for
civil rights violations and civil relations involving foreign parties.
According to the draft, victims whose civil rights were violated
are entitled to seek moral compensation. The draft law also made
provisions relating to the legal consequences of auto accidents,
environmental pollution, product defects, work under dangerous conditions
and injury caused by animals or facilities. The existing laws on
contract, marriage, adoption and inheritance were incorporated into
the draft civil code with no change.
─Oscar Chen
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