The Fifth Anniversary of the Civil Code of the People’s Republic of China: A Retrospect and Prospect Centered on the Implementation of the Civil Code’s Basic Legal Status

Abstract

The promulgation of the Civil Code of the People’s Republic of China (hereinafter the Civil Code) has advanced the development of China’s legal system, providing fundamental guidance and robust safeguards for strict law enforcement and impartial administration of justice. Over the more than five years since its promulgation, significant achievements have been made in legislation, administration of justice, and law enforcement. As China enters the era of the Civil Code, we should follow the guidance of XI Jinping Thought on the Rule of Law, give full effect to the Civil Code’s status as a basic law, take the institutions and rules established by the Civil Code as the fundamental guidance, and draw direction from the core values it promotes—voluntariness, equality, fairness, and good faith—so as to further improve the system of Chinese civil and commercial law and advance a new round of codification. The Civil Code has promoted the exercising of law-based government administration and the building of a law-based government. At present, it is necessary to take the Civil Code as the fundamental guidance to further deepen strict law enforcement. The promulgation of the Civil Code has also provided strong safeguards for the impartial administration of justice. In the era of the Civil Code, judges should adapt their adjudication mindset, develop judicial interpretations with the accurate application of the Civil Code as their central focus, and effectively foster the formation of a cohesive legal community.

Keywords

the Civil Code / basic law / strict law enforcement / impartial administration of justices

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Higher Education Press