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The Sino-Russian Comparison Of Civil Legal Status Of Citizens

Posted on:2020-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:J WenFull Text:PDF
GTID:2436330602452825Subject:Science of Law
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The law,as a tool for regulating public relations,is also adjusted over time.The civil laws of China and Russia have many common and distinctive features in terms of the legal status of citizens,especially in terms of legal capacity and capacity of citizens.For example,both China and Russia classify citizens into three types depending on their age or mental state: a fully capable person,a person with limited legal capacity,and an incompetent person.However,the criteria for classification are different.In China,all forms of marriage for minors are prohibited.The legal age for marriage is different-men should not be younger than 22 years old,and women should not be younger than 20 years old.In the Russian legislation,norms on marriage between minors,minors and adults are established.For good reason,Russian citizens can marry at the age of 16 years,and in some constituent entities of the Russian Federation even earlier,from 14 years of age.The legal capacity of citizens is the basis of civil legal capacity,and civil legal capacity is a prerequisite for the exercise by citizens of their rights and independent participation in civil matters.With the onset of universal equality,in most cases,legal capacity has become a significant slogan,and legal capacity has played an important role in practice.Therefore,the study of the legal status of citizens,especially the legal capacity of citizens,has a great impact on legislation and the social coordination of civil law.Compared to the more mature civil law system in Russia,Chinese civil law is at an important turning point in its reform.The new "General Provisions of Civil Law of the PRC" entered into force in 2017,and in it the norms on citizens are a very important part of civil law.Comparing Russian civil law with Chinese civil law,especially its norms on the status of citizens,we see progressive changes in Chinese law and social concepts that allow us to determine the development of China's future civil law.The norms of the Civil Code of the Russian Federation on citizens,on the contrary,have not undergone significant changes since the entry into force of the code in 1995.Perhaps the process of reforming Chinese civil law will have a positive impact on improving Russian civil law.Civil legal capacity is a prerequisite and basis for a person to have rights and responsibilities.Civil capacity is an important legal quality of the subject of civil law related to the assessment of his ability to manage his actions in civil circulation.Therefore,a further study of the civil law problems of these most important social and legal properties of a citizen is essential in the long run to protect the rights and legitimate interests of citizens,both in Russia and in China.For the best protection of the rights of citizens who cannot,through their actions,acquire and exercise their rights,as well as bear responsibilities,the civil law of Russia and China provides for the institution of guardianship and trusteeship.With a certain similarity of these institutions in Chinese and Russian legislation,there are differences between them.Such differences are subject to special investigation.
Keywords/Search Tags:Civil law, Legal Status, China-Russia comparison
PDF Full Text Request
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