Professor Sun Xianzhong’s “Civil Code Complex”

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Professor Sun Xianzhong is a research fellow at CASS Law Institute. Since being elected a deputy to the Twelfth NPC in 2013, he has submitted bills relating to the codification of civil law for four consecutive years. These bills included “Revising the General Principles of Civil Law and Integrating the System of Civil Law Norms into the Civil Code”, “The Stylistic Rules and Layout of the General Principles of Civil Law in the Chinese Civil Code”, “the Necessity of a Chapter on “Objects” in the Part on General Principles of Civil Law of the Chinese Civil Code”. In the process of codification of civil law, these bills have been attached high importance to by state legislative organs and speeded up the codification of civil law in China. Last year, Professor Sun was invited by the Standing Committee of the Twelfth NPC to give lectures to the chairman and vice chairmen of the Committee on various issues relating to the codification of the Chinese Civil Code. Professor Sun pointed out that: “The the steps and the method of codification of civil law have been basically the same as I have proposed.” Professor Sun’s “Civil Code Complex” started with the adoption of the current General Principles of Civil Law in 1986, when he was still a graduate student: “I have grown up together with the General Principles of Civil Law and have a special feel for this law”. This law was adopted in 1986 to meet the needs of planned economic system at that time and apparently can no longer adapt to the situation in China today. Moreover, Professor Sun has found out that most provisions in the Law have already been replaced by the relevant provisions of the Property Law, Contract Law, Intellectual Property Law and other newly adopted laws: of the 156 articles in the Law, only about a dozen or so are still be applied by courts. Professor Sun feels sad about this situation and in 2013, he put forward a proposal to systematically revise the law and incorporate it into the Chinese Civil Code, so as to restore its guiding role as a basic law in China.