The Civil Code Should Reflect The Characteristics Of The Twenty-First Century Era.

The decision of the Central Committee of the Communist Party of China on comprehensively advancing the major issues of governing the country by law in the fourth Plenary Session of the 18th CPC Central Committee pointed out that "strengthening the construction of the market legal system and compiling the civil code". The first question is what kind of civil code should we compile? I think that what we have compiled should be a civil code of twenty-first Century with Chinese characteristics and style, reflecting the spirit of the times and reflecting the characteristics of the times. If the French Civil Code of 1804 is an outstanding representative of the civil code of windmill mill style in nineteenth Century, the German Civil Code of 1900 is an outstanding representative of the civil code of the industrial society in twentieth Century, so the future civil code of China should become an outstanding representative of the civil code of twenty-first Century.

The civil code should reflect the era of rapid development of science and technology and the characteristics of Internet information and big data era. As we all know, the human society has entered an era of information explosion. The Internet is inseparable from our lives, and it also profoundly changes our way of life. First, with the formation of the commercialization of big data, the "personal information protection" requirement is put forward at the civil law level. Whether the right of personal information should be incorporated into a civil right system as a basic human right or a special norm in the personality right law is a question that we need to seriously consider. Secondly, the importance of privacy has been raised to an unprecedented level. For example, the Ninth Amendment to the French civil code has provided privacy right, which is equivalent to the rise of privacy to the general rule of civil law.

A professor at University of Miami said in his article: "high-tech invention has brought great benefits to mankind, but these inventions have a common side effect, that is, threatening our privacy. Now privacy has become the so-called right to privacy." Therefore, the greatest challenge of contemporary law lies in how to protect personal privacy, which also poses challenges to the compilation of the civil code. Thirdly, the rapid development of the Internet has changed the publicity methods of some transactions, such as paperless securities have been widely used in securities trading, and profoundly changed the rules of traditional securities. Large scale Internet accounts have been adopted in the property law, such as accounts receivable pledge, chattel mortgage and so on. This is the impact of the Internet on traditional property rights publicity methods. Last but not least, big data breeds new intellectual property rights. intellectual property right How to further strengthen the protection of intellectual property rights is a new topic facing the civil law. Some scholars pointed out that we should adopt common rules for tangible and intangible property in the future civil code, and some scholars believe that we should take different treatment of tangible and intangible property. These views deserve further attention and further study.

　　 Civil code It is necessary to reflect the trend of economic globalization. economic globalization Accompanied by profound changes in the law. First of all, globalization has promoted the internationalization of trading rules, especially in the field of contracts, especially in the pure trading rules, such as buying and selling, insurance, negotiable instruments and financing leases. The two legal systems have gradually begun to merge, and our corresponding norms should be in line with international standards as much as possible, so as to achieve the requirements of internationalization. Secondly, globalization has promoted the diversification of legal sources. Nowadays, the draft of scholars and the model law formulated by some associations have the function of "soft law" to some extent. For example, the general commercial contract rules (PICC) formulated by the Rome unified private law association are widely cited by the parties as substantive law in foreign arbitration. Whether these soft laws should occupy a place in the process of compiling the civil code, how we should recognize their status is worth considering. Thirdly, with the development of economic globalization, the status and role of international commercial practices are becoming increasingly prominent. China's contract law has recognized the importance of customary trading practices in the application of arbitrary law, so whether international commercial practices should have similar effects is worthy of serious discussion and research.

The civil code should reflect the social characteristics of the gradual deterioration of resources and environment. The twenty-first Century is an era of ecological crisis. The ecological environment has been seriously damaged. Global warming, acid rain, deterioration of water resources and reduction of biodiversity have posed serious threats to the survival of mankind, and have attracted worldwide attention. Under this background, our civil code should strengthen the concept of "making the best use of everything" and even take it as a principle of property law. At the same time, the obligee of real estate should be endowed with the obligation to take care of the environment and protect the ecology while using real estate, and the inherent and inherent form should be determined in the legislation. For example, in order to protect the environment, the right person should not cut down the trees in his garden. This is not only a restriction imposed by public law, but also an obligation type at the civil law level.