Research On The Organization Of Compiling Chinese Civil Code

At present,the codification of Chinese Civil Code is in progress.The draft of General Provisions Of Chinese Civil Code was adopted by National People’s Congress on March 15,2017.The codification of Chinese Civil Code is a complicated system engineering.The adopt of General Provisions Of Chinese Civil,a uplifting moment,is only the first step of the long march.The attempt of compiling Chinese Civil Code had been carried on for four times after the establishment of the People’ s Republic of China,and their work organizations are different from each other.Summarizing the experience and deficiency of these four attempts,can provide the present codification of Chinese Civil Code with real-life examples,which can also be the valuable guidance to reflect on the organization of compiling General Provisions Of Chinese Civil Code and compile Specific Provisions Of Chinese Civil Code.Different codification modes of Civil Code from countries represented by Germany and France,have been used for reference by various countries in the world.To obtain the experience and lessons from different counties,we can make researches on their organizations of compiling Civil Code,including participators,fundamental spirit,working rules,operating mode and institution setting.In combination with the practical situation of China,we can make some comparative law studies on the organization of compiling Chinese Civil Code,to find our fundamental spirit,institution setting,compartmentalized function and working rules.It will provide external experiences for building a organization of compiling Chinese Civil Code in accordance with Chinese reality.The present China is in the midst of the fierce social change,social reality and the era background have put forward new requirements for the codification of Chinese Civil Code.Coming in response to relative demands,the codification of Chinese Civil Code should reflect the needs of the society from all walks of life,and turn law research results to the progress of Chinese Civil Code in the framework of legislative system.Lack of a scientific and reasonable organization of compiling Chinese Civil Code,compiling work can not be efficient and effective.Compiling Specific Provisions Of Chinese Civil Code is a heavy task in short time periods,which improves the importance of the organization of compiling Chinese Civil Code.Compiling leading group working with Chinese Civil Code compilation committee,is a choice in line with China’s reality.The leading group can form a good communication with the standing committee of the National People’s Congress,and coordinate the work of compiling Chinese Civil Code.Civil code compilation committee,which can turn law research results to the progress of civil code and solve the significant controversy in the process of compiling efficiently,is common in civil law countries.To build a civil code compilation committee in accordance with Chinese reality,it is necessary to find out the institutional setup,personnel composition,main responsibilities,working rules and dispute settlement mechanism of the committee.Civil code compiling committee,which has the function of drafting,review,study and research,is different from the single drafting team who came before.It is necessary to set up the drafting committee,review committee,advisory committee and subsidiary bodies,according to the basic function of the civil code compiling committee.Selecting the members of different committee,it is necessary to keep the balance between law and other subjects,legal profession and other professions.To ensure the committee is representative,regional,ethnic and gender are also important standards.Building a organization of compiling Chinese Civil Code in the framework of legislative system by specific arrangements,which can make participants divide the work and cooperate closely with others,will make for enacting Chinese Civil Code full of era characteristics and in accordance with Chinese reality.