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)