Legislative Skills From Law To Code

The Chinese Civil Code is a milestone in my country’s legislative history.It has the longest experience,the largest scale,the largest number of articles,and is closely related to everyone’s daily life.It is the first law named after the code in the history of our country.In the Civil Code,the legislative design of the independent part of personality rights,contract part and tort liability part to replace the debt law system has become the bright spot of our country’s codification.This article starts from the legal basis of the civil code.The first part briefly describes the concept and meaning of the civil code,the conditions for the compilation of the civil code of our country,and the three modes of the compilation of the world civil code(Romanesque,Pandektonian,Eclectic).Afterwards,to clarify the outstanding contributions of our civil law scholars to the compilation of the civil code in the modern history of our country.In the third part,the author takes the compilation of our civil code as an example,through combing and comparing the compilation of our civil code and the individual civil laws,focusing on introducing the revised provisions and clauses in our civil code,and then reviewing the civil code of our country.The road to codification is analyzed from multiple angles,and the changes and changes in our civil law from law to code are also discussed.Finally,based on this,we evaluate the stability,innovation,and limitation of our civil code in several dimensions.In terms of stability,it mainly starts from the content and logic of the provisions and clauses;the innovation aspect mainly starts from the independent composition of personality rights and the system of contract and tort liability;the limitation mainly starts from the problems caused by the independent composition of personality rights Start with deficiencies and the lack of the general rules of the debt law.Finally,it discusses the corresponding legislative technical issues,and then provides reference and enlightenment for the codification of other departmental laws.