General Principles Of Civil Law Provide Legal Guarantee For Socialist Market Economy.
Rule by law must be done in essence.
The general principles of civil law promote the rule of law in the market economy. It is based on the reality of China, and is committed to solving China's problems.
The "open window" legislation on the protection of data and network property is more about big data.
Internet
The positive response of the times.
The general provisions of the civil law have been promulgated for more than a month.
The 206 general principles of civil law not only further enhance the scientification and systematization of China's civil legislation, but also lay a solid institutional foundation for comprehensively deepening reform and comprehensively administering the country according to law.
The essence of socialist market economy is rule by law.
Economics
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Starting from this basic point, the party emphasized in the fourth Plenary Session of the 18th CPC Central Committee the construction of the market legal system, and put forward a series of legislative proposals and opinions.
Among them, codification of civil code is the first place.
To a great extent, this indicates the important position of the civil code in the market legal system. The promulgation of the general principles of civil law marks a crucial step for our country to compile the civil code.
Rule by law must be done in essence.
Looking at the world, close to specific life situations, and accurately adjusting various interests have become the basic trend of the rule of law in the world.
From the perspective of legislative purpose, the general principles of civil law are to protect the legitimate rights and interests of civil subjects, adjust civil relations, maintain social and economic order, adapt to the development requirements of socialism with Chinese characteristics, and promote socialist core values.
From the content point of view, the general principles of civil law established the basic system and framework of the civil code, effectively coordinated the relationship between civil law and commercial law, and eliminated the existing general principles of civil law and related single lines.
Law
Conflicts and contradictions between them regulate the basic rules of social life.
The general principles of civil law stipulate the basic rules of civil law with the method of extracting common factors.
The general principles of civil law promote the rule of law in the market economy. It is based on China's reality and is committed to solving China's problems.
For example, the legal person system is a basic system of civil law.
With the development of economy and society, various new forms of organization have emerged, and there have been many changes in the form of legal persons.
In accordance with the different purposes and functions of the legal person, the general law of the civil law divides the legal person into three categories: the profit making legal person, the non-profit legal person and the special legal person.
At the same time, for individual proprietorship enterprises, partnership enterprises and professional service institutions without legal person qualification, the general civil law stipulates them as "non legal person organizations", while clearly that the non legal person organizations do not have the legal person qualification, but they are also capable of engaging in civil activities in accordance with their own law in accordance with the law.
While promoting the further socialization of our civil law, the general principles of civil law and the reform are resonating with each other.
It is worth mentioning that the general principles of civil law make clear that the property rights of civil subjects are protected equally by law, emphasizing the protection of property rights, creditor's rights, intellectual property rights, stock rights and other investment rights.
This is the most effective way to strengthen the protection of property rights in the current reform.
In addition, the "open window" legislation on data and network property protection is also a positive response to big data and the Internet era.
More interesting reports, please pay attention.
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