Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-75dct Total loading time: 0 Render date: 2024-06-07T07:29:08.045Z Has data issue: false hasContentIssue false

1 - The Making of a Civil Code in China

Promises and Perils of a New Civil Law

Published online by Cambridge University Press:  31 August 2023

Hao Jiang
Affiliation:
Università Commerciale Luigi Bocconi, Milan
Pietro Sirena
Affiliation:
Università Commerciale Luigi Bocconi, Milan
Get access

Summary

The Chinese Civil Code went into effect on January 1, 2021, as the first civil code in the Communist China. Half a century of codification effort finally resulted in this much anticipated code. In its 1260 articles, the Code is divided into seven books. In a break with civilian traditions, the Chinese Civil Code divides obligations into contracts and torts, and it absorbs law of unjust enrichment into the book on contracts as quasi-contracts. Also, the book on law of personality focuses on privacy and data protection in an effort to tackle the legal challenges posed by the advancement of technology. Some of the problems that still need to be addressed for the Code to become successful come from the tensions between the rise of private law and the dominant state sector, the contradictions among legal transplants, and the clash between distributive and commutative justice. The author argues that solutions to some persistent problems require structural change in Chinese economy, doctrinal innovation, and conscientious acceptance of a law that is based upon philosophical ideas that differ from traditional Chinese moral philosophy.

Type
Chapter
Information
The Making of the Chinese Civil Code
Promises and Persistent Problems
, pp. 1 - 40
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×