Minfadian
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Minfadian
The Civil Code of the People's Republic of China ( zh, s=中华人民共和国民法典, p=Zhōnghuá Rénmín Gònghéguó Mínfǎ Diǎn), or in short Minfadian ( zh, s=民法典, p=Mínfǎ Diǎn) is the first complete civil code in the People's Republic of China. Effective January 1, 2021, the introduction of the civil code is the first time a unified civil law framework has been created to integrate most of the former substantial civil substantive laws in China. Contents The Code consists of 1260 Articles, which are respectively in seven books and the book of supplementary provisions. * Book 1 - General Provisions: Basic rules, Natural persons, Juridical persons, Unincorporated organizations, Civil rights, Civil juristic acts, Agency, Civil liability, Statute of limitations, Period calculations; * Book 2 - Property rights: General rules, Establishment, alteration, transfer, extinction of property rights, Ownership, Usufructuary rights, Security interests, Possession; * ...
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Civil Code
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. History The history of codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems. Other codified laws used since ancient times include various texts used in religious law, such as the Law of Manu in Hindu law, Islamic Sharia law, the Mishnah in Jewish Halakha law, the Canons of the Apostles in Christian Canon law. European codes and influences on other continents Th ...
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Civil Code
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. History The history of codification dates back to ancient Babylon. The earliest surviving civil code is the Code of Ur-Nammu, written around 2100–2050 BC. The Corpus Juris Civilis, a codification of Roman law produced between 529 and 534 AD by the Byzantine emperor Justinian I, forms the basis of civil law legal systems. Other codified laws used since ancient times include various texts used in religious law, such as the Law of Manu in Hindu law, Islamic Sharia law, the Mishnah in Jewish Halakha law, the Canons of the Apostles in Christian Canon law. European codes and influences on other continents Th ...
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National People's Congress
The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China. With 2,980 members in 2018, it is the largest legislative body in the world. The National People's Congress meets in full session for roughly two weeks each year and votes on important pieces of legislation and personnel assignments among other things, and due to the temporary nature of the plenary sessions, most of NPC's power is delegated to the Standing Committee of the National People's Congress (NPCSC), which consists of about 170 legislators and meets in continuous bi-monthly sessions, when its parent NPC is not in session. As China is an authoritarian state, the NPC has been characterized as a rubber stamp for the Chinese Communist Party (CCP) or as only being able to affect issues of low sensitivity and salience to the Chinese regime. M ...
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Property Rights
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for production rather than consumption. A right to property is recognised in Article 17 of the Universal Declaration of Human Rights, but it is not recognised in the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights. The European Convention on Human Rights, in Protocol 1, article 1, acknowledges a right for natural and legal persons to "peaceful enjoyment of his possessions", subject to the "general interest or to secure the payment of taxes." Definition The right to property is one of the most controversial human rights, both in terms of its existence and inte ...
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Marriage Law Of The People's Republic Of China
The New Marriage Law (also First Marriage Law, ) was a civil marriage law passed in the People's Republic of China on May 1, 1950. It was a radical change from existing patriarchal Chinese marriage customs , and needed constant support from propaganda campaigns. It has since been superseded by the Second Marriage Law of 1980. It was formally repealed by the Civil Code in 2021. Origins Marriage reform was one of the first priorities of the People's Republic of China when it was established in 1949. Women's rights were a personal interest of Mao Zedong (as indicated by his statement: "Women hold up half the sky"), and had been a concern of Chinese intellectuals since the New Culture Movement in the 1910s and 1920s. Traditionally, Chinese marriage had often been arranged or forced, concubinage was commonplace, and women could not seek a divorce. Implementation The new marriage law was enacted in May 1950, delivered by Mao Zedong himself. It provided a civil registry for legal marr ...
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2020 National People's Congress
The 2020 National People's Congress was the Third Plenary Session of the 13th National People's Congress. It was held from Friday 22 to 28 May, concurrently with the Chinese People's Political Consultative Conference (CPPCC) as part of the annual Two Sessions. It was originally scheduled to be held in March 2020 at the Great Hall of the People in Beijing, China, however due to the global COVID-19 pandemic, it had been delayed until May. Due to the ongoing health crisis, it was shorter than the usual weeklong affair. The thousands of deputies in attendance were all tested for the coronavirus and isolated ahead of the event, and most events involving reporters took place through online conferencing. Premier Li Keqiang did not announce a growth target for the Chinese economy for the year when he delivered the Standing Committee's work report to the NPC delegates on Friday morning. The NPC announced an increase of 6.6 per cent in its military spending. The Congress voted on an ant ...
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People's Daily
The ''People's Daily'' () is the official newspaper of the Central Committee of the Chinese Communist Party (CCP). The newspaper provides direct information on the policies and viewpoints of the CCP. In addition to its main Chinese-language edition, the ''People's Daily'' is published in multiple languages. History The paper was established on 15 June 1948 and was published in Pingshan, Hebei, until its offices were moved to Beijing in March 1949. Ever since its founding, the ''People's Daily'' has been under direct control of the CCP's top leadership. Deng Tuo and Wu Lengxi served as editor-in-chief from 1948 to 1958 and 1958–1966, respectively, but the paper was in fact controlled by Mao Zedong's personal secretary Hu Qiaomu. During the Cultural Revolution, the ''People's Daily'' was one of the few sources of information from which either foreigners or Chinese could figure out what the Chinese government was doing or planning to do. During this period, an editorial in t ...
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First Reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature. In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, or failing to become, legislation. Some of these readings may be formalities rather than actual debate. The procedure dates back to the centuries before literacy was widespread. Since many members of Parliament were illiterate, the Clerk of Parliament would read aloud a bill to inform members of its contents. By the end of the 16th century, it was practice to have the bill read on three occasions before it was passed. Preliminary reading In the Israeli Knesset, private member bills do not enter the house at first reading. Instead, they are subject to a preliminary reading, where the members introducing the bill present it to the Knesset, followed by a debate on the general outlines of the bill followed by a vote on whether to send it t ...
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General Principles Of The Civil Law Of The People's Republic Of China
The General Principles of the Civil Law of the People's Republic of China () is a law in the PRC that was promulgated on April 12, 1986 and came into force on January 1, 1987.According to Article 156, "This Law shall come into force on January 1, 1987." It is heavily influenced by the German Civil Code. It is the main source of civil law in the PRC and seeks to provide a uniform framework for interpreting the PRC's civil laws. Unlike most civil law jurisdictions, the PRC didn't not have a comprehensive civil code until 2021, and attempts to create one by the Chinese government have been difficult and controversial. The "General Principles" include both civil rights and liabilities under civil law, and contains 9 chapters and 156 articles. The chapters deal with the following topics: # Basic Principles # Citizen (Natural Person) # Legal Persons # Civil Juristic Acts and Agency # Civil Rights # Civil Liability # Limitation of Action # Application of Law in Civil Relations with F ...
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Inheritance
Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequest, bequeathing private property and/or debts can be performed by a testator via will (law), will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the decedent, deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( ...
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Adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption, while others used less formal means (notably contracts that specified inheritance rights and parental responsibility (access and custody), parental responsibilities without an accompanying transfer of filiation). Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations. History Antiquity ;Adoption for the well-born While the modern form o ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ...
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