Domestic Law Reforms in Post-Mao China

By Pitman B. Potter | Go to book overview

Appendix B: Fourth Draft Civil Code (June 1982) of the People's Republic of China
Translated by William C. Jones
Article I. The Mission and Basic Principles of Civil Law
1. . The Civil Law of the People's Republic of China regulates property and personal relations between citizens, between economic organizations, between institutions, between state organizations, between social organizations as well as relations among [these units]. It protects their lawful rights and interests.

The property relations dealt with in the above provision do not include state financial, tax, labor, and other property relations that must be regulated by the use of administrative methods.

2. . The property and personal relations that are regulated by the above section of this Code strengthen and develop the system of Socialist public ownership, protect the Socialist economic order, promote the establishment of Socialist spiritual culture, develop a prevailing custom of socialist morality, protect the orderly development of establishing Socialist modernization, and uninterruptedly improve the people's material and cultural life.
3. . The Socialist system is the foundation of civil law relationships. The exercise of civil law rights may not injure Socialist interests. One group of people may not oppress another group of people.
4. . The national economy uses planned regulation as a base, and the market as a supplementary policy. Civil law acts must be in accord with the regulations of the state plan.
5. . Civil law acts must be in accord with state laws and regulations; they may not violate the norms of Socialist morality or good customs and morals.
6. . Civil acts carry out the principle of equality, mutual benefit, and the identity of rights and duties.
7. . Civil law acts must at the same time serve the interests of the state, the collectivity and the individual. No party may, contrary to the law, harm the interests of another party.
8. . Civil law acts must respect the principles of honesty and good faith, and of mutual assistance.

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