Five Years after the Civil Code's Enactment: Reflections and Prospects
: : Reflections, comments and prospects on the fifth anniversary of the promulgation of the Civil Code
Introduction: The era coordinates and historical echo of the fifth anniversary of the implementation of the Civil Code
Time flies, since the Civil Code was adopted by the third session of the 13th National People's Congress on May 28, 2020, and came into effect on January 1, 2021, it has quietly gone through five years. The past five years have been a highlight in the magnificent picture of China's rule of law construction. They have been the five years in which the Civil Code has moved from paper text to live practice, profoundly shaping and testing China's social and economic order. Its promulgation and implementation not only announced the historic completion of the systematization and codification of China's civil legal system, but also laid an indestructible cornerstone for the building of the socialist rule of law with Chinese characteristics in the new era as a "basic law that consolidates the foundation, stabilizes expectations, and benefits the long term." In the business environment report released by the World Bank, my country's significant progress in the "Execution of Contracts" indicator also confirms the positive effects brought about by the implementation of the Civil Code.
The compilation and implementation of the Civil Code embodies General Secretary Xi Jinping’s deep concern and personal planning. He far-sightedly placed the compilation of the Civil Code at the strategic level of national governance, made a series of major deployments, put forward clear requirements, emphasized the cornerstone status of the Civil Code in the socialist legal system with Chinese characteristics, and required the whole party to effectively promote the implementation of the Civil Code to better promote comprehensive governance according to law, build a socialist country under the rule of law, and better protect the rights and interests of the people. These expositions, which shine with the light of Xi Jinping’s thoughts on the rule of law, provide fundamental compliance and action guidelines for us to summarize the five-year practice of the Civil Code and plan for future development.
the Civil Code carries the century-old long-cherished wish of several generations of legal professionals and forges the collective wisdom of the practice of socialist rule of law with Chinese characteristics. It is not only the first law named after "Code" in Chinese history, but also a mammoth piece of legislation with superb legislative technology, grand system and far-reaching influence. As a legal worker in the new era, the author has the honor to personally experience and participate in the application and promotion of the Civil Code, and is deeply aware of its majestic power and far-reaching implications. With the completeness of the system, the comprehensiveness of logic and the contemporary nature of its provisions, it provides fundamental compliance for complex civil disputes, provides a strong backing for the legitimate rights and interests of various civil subjects, and provides strong legal support for the modernization of the national governance system and governance capabilities.
After five years of hard work, the Civil Code is not only a declaration of rights protection, but also an encyclopedia of social life. It regulates various civil relations from birth to death, regulates the operating order of the market economy, and leads the progress of social ethics. For legal professionals, the implementation of the Civil Code means a profound change in legal thinking and a comprehensive upgrade of professional skills. We shoulder the sacred mission of correctly interpreting, faithfully applying, and actively promoting the Civil Code. The purpose of this paper is to review the brilliant achievements and practical challenges the Civil Code has made in the five years since its implementation, to deeply elaborate on its historical status as China's first code, its superb legislative technology, and its practical power in solving hot and difficult social issues. It also combines legal practice to share its insights and prospects for the Civil Code.
1. Groundbreaking - the historic breakthrough of the Civil Code and the establishment of the "code" status
The compilation and promulgation of the Civil Code is a towering monument in the history of Chinese rule of law. It not only fills a long-standing major gap in the socialist legal system with Chinese characteristics, but also declares that China's civil legislation has entered a new era in the name of "code".
(1) A hundred years of search, a dream come true: the historical necessity of codification
Compiling a unified the Civil Code has been the long-cherished wish of the Chinese nation for generations. Since the reform and revision of laws in the late Qing Dynasty, China has begun its difficult search for modern the Civil Code. After a century of vicissitudes, several times of drafting and shelving, it was not until the founding of New China, especially the spring breeze of reform and opening up, that civil legislation made great progress, laying a solid foundation for the final introduction of the Civil Code. Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has put the compilation of the Civil Code on its important agenda. General Secretary Xi Jinping has personally deployed and promoted it, providing the most solid political guarantee for the completion of this historic task. The hardship and perseverance of this "hundred-year journey" have given the Civil Code an extraordinary sense of historical significance and national mission.
(2) The profound meaning of the name "Code" and its five-year manifestation
In the modern legal system, "code" is not a simple compilation of laws, but a systematic, organized and scientific compilation of all or major norms of an important legal department, forming a legal document with inherent logical unity, authority and relative stability. the Civil Code of the People's Republic of China is the first law in Chinese history that is truly named after a "code". Its goal is to "compile a code that adapts to the development requirements of socialism with Chinese characteristics, is in line with my country's national conditions and reality, is scientific in style, rigorous in structure, reasonable in specification, and coordinated in content." Five years of practice have proven that the Civil Code has become the logical starting point and reference benchmark for the entire civil and commercial legal system. The "legislation, reform, abolition and interpretation" of relevant laws and regulations that were quickly launched and continued after its promulgation has resulted in the modification or abolition of a large number of laws and regulations inconsistent with the provisions and principles of the Civil Code, which has greatly promoted the improvement of China's civil and commercial legal system.
(3) The historic breakthrough of China’s first the Civil Code and its five-year practical test
The birth of the Civil Code marks the culmination of China’s civil legislation. It systematically integrates previously implemented important individual civil laws such as the General Principles of Civil Law, Contract Law, Property Law, Tort Liability Law, Marriage Law, and Succession Law, and builds a complete system consisting of general principles and sub-parts such as property rights, contracts, personality rights, marriage and family, inheritance, and tort liability.
1. System integrity and logical self-consistency: the Civil Code takes civil rights as the core and builds a normative system with clear logic, distinct levels, and coordinated content. Five years of judicial practice have shown that this system design has effectively overcome the system fragmentation and normative conflicts that may have been caused by separate laws in the past, and provided a clear framework for the trial of complex civil cases.
2. Comprehensive content and responsiveness to the times: the Civil Code not only covers traditional civil legal relations, but also actively responds to the new needs raised by the development of the times, such as the principled provisions for the protection of data and network virtual property, and the establishment of "green principles" for ecological and environmental protection. In the report of the 19th National Congress of the Communist Party of China, General Secretary Xi Jinping emphasized "protecting people's personal rights, property rights, and personality rights", which provided fundamental guidance for major innovations such as the independent establishment of personal rights. Its foresight has been confirmed by the increasingly prominent wave of digital economy and personal information protection in the past five years.
3. The democratic and scientific nature of the legislative process: The compilation of the Civil Code took many years. After repeated demonstrations, extensive solicitation of opinions and multiple rounds of deliberation, it brought together the wisdom of the legal academic community, the practical community and even all sectors of society. General Secretary Xi Jinping has chaired several meetings of the Standing Committee of the Political Bureau of the CPC Central Committee, listened to reports on the compilation work of the Civil Code and made important instructions, ensuring the correct direction of the compilation work. This prudent and thorough legislative process is an important guarantee for its superb legislative skills and lays the foundation for its stability and authority for five years.
(4) Laying the cornerstone of the civil legal system
As a basic law in the civil field, the Civil Code has had a profound radiation effect on the entire legal system in the five years since its implementation. It is not only the "Magna Carta" of civil rights, but also the logical starting point and reference benchmark for the entire civil and commercial legal system. Relevant departmental regulations, local regulations and even industry standards must be coordinated and consistent with them. For example, when dealing with disputes involving data property rights, personal information protection and other emerging fields, the principle provisions of the Civil Code (such as Article 127) provide the basis and guidance for the subsequent introduction of special legislation such as the Personal Information Protection Law and the Data Security Law and the exploration of judicial practice. This phenomenon of using a code as the core to govern relevant legal norms is a strong proof that the status of the "code" has been consolidated in five years of practice.
2. Unique ingenuity - the Civil Code’s exquisite legislative technology and scientific construction of the system
the Civil Code not only shines in the annals of history with its historical status, but also with its exquisite legislative technology and scientific system construction, showing the crystallization of Chinese legislative wisdom. It can be called one of the laws with the highest legislative technology and the most scientific system in my country. In five years of practice, this structure has effectively avoided many conflicts in legal application.
(1) The scientific nature and logical rigor of the system
the Civil Code follows the guiding ideology of “scientific approach, rigorous structure, reasonable specifications, and coordinated content” and successfully integrates complex civil regulations. Its "General Provisions - Partial Provisions" (seven compilations) structure not only reflects the systematic nature of civil law theory, but also facilitates the application of law. In five years of practice, it has effectively avoided many conflicts in the application of law.
(2) An independent compilation of personality rights: a pioneering work in the history of world civil law
One of the most dazzling legislative innovations of the Civil Code is undoubtedly the independent establishment of the "Personality Rights Section". This is not only a major breakthrough in China's civil legislation, but also contributes "Chinese wisdom" to the process of codification of civil laws around the world. Compared with the practice of the Civil Code in some civil law countries where the protection provisions of personality rights are dispersed in tort laws or general principles, the Civil Code separates personality rights into an independent chapter, which demonstrates the high emphasis on human value and dignity. Dr. Schmidt of the University of Bonn in Germany commented that China’s personality rights system has set a new paradigm for rights protection in the digital economy era. In the five years since its implementation, judicial decisions based on personality rights have emerged one after another. According to incomplete statistics, the number of cases involving personality rights disputes has shown a significant growth trend within five years, especially in the fields of personal information protection (such as the "First Face Recognition Case") and privacy rights disputes. It has provided victims with powerful legal weapons and deeply embodies the "people-centered" legislative concept of the Civil Code.
(3) Organic combination of basing on national conditions and learning from experience
The compilation of the Civil Code always adheres to "starting from China's reality" while fully "drawing on the achievements of human rule of law civilization". For example, the advocacy norm of “establishing good family traditions” (Article 1043, commonly known as the “family tradition clause”) was incorporated into the marriage and family section, and the results of the “separation of three rights” reform of rural land were confirmed in the property rights section. These institutional designs with Chinese characteristics have played a positive guiding and normative role in social life in the past five years. At the same time, the Civil Code also carefully draws on international experience, such as the regulation of standard clauses and the cautious introduction of punitive damages, to achieve the unity of Chinese characteristics and international perspective.
(4) Foresight and inclusiveness in response to the needs of the times
1. Protection of data rights and network virtual property: Article 127 of the Civil Code provides in principle the protection of data and network virtual property. In the past five years, with the promulgation of the "Personal Information Protection Law", "Data Security Law" and related judicial interpretations (such as on online consumer disputes, data infringement, etc.), this principle provision has become the basis or guideline for the judgment of many cases involving data and virtual property. Gradually standardizing "data rights" into "data property rights" (such as the policy guidance of the "Twenty Data Articles") is an important direction for future development.
2. Establishment of green principles: Article 9 of the Civil Code clearly stipulates the "green principles" at the outset, that is, "civil subjects engaging in civil activities should be conducive to saving resources and protecting the ecological environment." The establishment of this principle elevates ecological and environmental protection to a basic compliance level in civil activities, which is of far-reaching significance for promoting green development and building a beautiful China. In judicial practice, green principles have been applied in many fields such as environmental torts and contract validity determination.
3. Open attitude towards emerging rights: the Civil Code reserves space for the protection of new types of civil rights that may appear in the future. Some new disputes that have emerged in the past five years, such as algorithmic discrimination, deep forgery and other issues, are also seeking explanations and regulatory paths under the Civil Code framework.
(5) Prudence and pragmatism in legislative techniques
the Civil Code’s legislative skills are also reflected in its prudence and pragmatism. For example, due to its particularity, intellectual property rights have not yet been organized into independent chapters. This approach reserves necessary space for the flexible development of separate intellectual property laws. This wisdom of not doing anything is also a manifestation of superb legislative skills.
Table 1: the Civil Code main legislative innovations and their significance
Innovation point | Main content/features | Examples of relevant laws and regulations | Legislative significance and social value |
Personal rights independent compilation | The system stipulates the rights to life, health, name, portrait, reputation, honor, privacy and personal information protection, etc. | the Civil Code Part 4 (Article 989-Article 1039) | In the past five years, the average annual growth rate of personality rights dispute cases has been significant, effectively responding to the challenges of the information age, improving the Civil Code system, and contributing Chinese experience to the codification of world civil law. |
Data and network virtual property protection | Confirm the property attributes of data and network virtual property, and if the law stipulates their protection, such provisions shall apply | the Civil CodeArticle 127 | Provide basic legal basis for the development of the digital economy, provide comprehensive guidelines for the trial of related cases (such as virtual currency, game equipment disputes), and promote the improvement of specialized legislation |
Green principles | It is stipulated that civil subjects engaging in civil activities should be conducive to saving resources and protecting the ecological environment. | the Civil CodeArticle 9 | Integrate the concept of ecological civilization into the basic norms of civil activities, strengthen the environmental protection responsibilities of civil subjects, and promote sustainable development. |
residency system | Adding residence rights as a new type of usufruct rights to protect the needs of specific groups of people to "have a place to live" | the Civil CodeArticle 366-Article 371 | Meet the housing needs of specific groups (such as the elderly and vulnerable parties after divorce), promote family harmony and social stability, and enrich the types of property rights. |
Be brave and courageous as the rule | If the recipient is harmed due to voluntary emergency rescue behavior, the rescuer shall not bear civil liability. | the Civil CodeArticle 184 | Encourage courageous acts of justice, promote social integrity, eliminate the worries of rescuers, and create a social atmosphere of friendliness and mutual help. |
Rules prohibiting throwing objects from buildings | It clearly prohibits throwing objects from buildings, and stipulates the rules for assuming tort liability, as well as the safety and security obligations of property service companies, etc. | the Civil CodeArticle 1254 | Address the "overhead security" issue, protect the safety of people's lives and property, clarify the responsibilities of all parties, and promote the construction of a harmonious community. |
Regulation of format clauses | Detail the obligations of the provider of the format clauses, clarify the legal consequences of breach of obligations, and protect the legitimate rights and interests of the counterparty to the contract. | the Civil CodeArticle 496-Article 498 | Maintain contract fairness, prevent advantaged parties from using standard clauses to infringe on the interests of disadvantaged parties, and standardize the order of market transactions. |
3. Practical application - the governance effectiveness of the Civil Code as an "encyclopedia of social life"
the Civil Code is known as the "Encyclopedia of Social Life", and its huge application value in social practice has become increasingly evident after five years of testing.
(1) Consolidating the cornerstone of the market economy: property rights protection, contract specifications and business environment optimization
the Civil Code is the basic law of the socialist market economy. Over the past five years, it has played a central role in promoting the healthy development of the market economy.
1. Strengthen the equal protection of property rights: The principle (Article 207) that “the property rights of the state, collectives, private individuals and the property rights of other rights holders shall be equally protected by law” has significantly enhanced the confidence of market entities, especially stimulating the vitality of the non-public economy.
2. Improve the legal system of contracts: Contracts are regarded as "market transaction laws". Over the past five years, the improvement of rules on format clauses, electronic contracts, appointment contracts, etc., as well as regulations on typical contracts such as factoring contracts and property service contracts, have effectively coordinated contract freedom and transaction security, and reduced transaction costs. Judicial statistics released by the Supreme People's Court show that the number of contract cases concluded by courts across the country citing the Civil Code continues to remain high, and the efficiency of adjudication has improved.
3. Optimize the business environment: A stable, transparent and predictable the Civil Code provides clear behavioral guidance for market entities. The implementation of the Civil Code promotes government administration according to law, standardizes the boundaries of public power, and provides a solid legal foundation for creating a market-oriented, legal and international business environment.
(2) Demonstrate humanistic care: new heights of personality rights, privacy rights and personal information protection
the Civil Code demonstrates the humanistic spirit, especially the "Personality Rights Edition". In the five years since its implementation, it has achieved remarkable results.
1. Comprehensive upgrade of the protection of personality rights: For example, the Civil Code clarified the definition of "privacy" at the legal level for the first time (Article 1032), prohibiting harassment by phone calls, spam text messages and other intrusions. Over the past five years, citizens have become more confident in safeguarding their rights when faced with such infringements.
2. A solid barrier for the protection of personal information: the Civil Code establishes the basic principles for processing personal information (Article 1035). In the past five years, combined with the "Personal Information Protection Law", my country's personal information protection legal system has been initially established. There has been a significant increase in related lawsuits (such as the “App Excessive Claim Case”) and regulatory actions, and corporate compliance awareness has generally increased. The number of cases involving personal information protection has increased several times in the five years since the Civil Code was implemented.
(3) Responding to the challenges of the times: exploration and deepening of data rights, network virtual property and green principles
1. Exploration of the legal status of data and network virtual property: The principle provisions of Article 127 of the Civil Code provide an entrance to legal protection for important intangible assets in the digital economy era. In the past five years, although the specific construction of "data property rights" is still in progress, such as the "AI Painting Copyright Case" heard by the Hangzhou Internet Court, it has begun to explore the legal attributes and protection paths of digital products under the Civil Code framework.
2. The implementation of green principles: Over the past five years, green principles have gradually moved from declarative clauses to concrete practical applications, becoming an important guide for the disposal of hazardous waste in courts hearing environmental pollution tort cases, contract dispute cases and even bankruptcy cases.
(4) Promoting social harmony: legal guarantees for marriage and family, inheritance, tort liability and social governance
1. New adjustments to marriage and family relations: "family tradition clauses" (Article 1043), divorce cooling-off period system (Article 1077), divorce economic compensation system (Article 1088), etc., have gradually come into play in judicial practice over the past five years. For example, according to data from the civil affairs department, the divorce cooling-off period system has reduced the impulsive divorce rate to a certain extent; the number of divorce cases on housework compensation has increased, affirming the value of housework.
2. Improvement and application of the inheritance system: The scope of legal heirs has been expanded, and new will forms such as printing and video recording have been added. In five years of practice, these new regulations have effectively adapted to the complex needs of heritage management in modern society.
3. Improvement of the tort liability system and social effects: Special regulations on "throwing objects from high altitudes" (Article 1254), and in conjunction with technical prevention measures such as "eyes in the sky" in various places over the past five years, such incidents have been initially contained. The Emergency Rescue Liability Immunity Clause (Article 184, formerly the "Good Guy Clause") has not only exempted rescuers from civil liability in many cases over the past five years, but has also greatly encouraged social mutual aid behavior.
(5) Carry forward core values: legal practice of the principle of public order and good customs
The first article of the Civil Code is clear at the outset, taking “promoting socialist core values” as one of the legislative purposes. The principle of “public order and good customs” (Article 8, Article 153, Paragraph 2) is an important manifestation of this. In the past five years of judicial practice, the principle of public order and good morals has been widely cited. For example, when dealing with agreements or behaviors that violate family ethics (such as the "mistress" agreement) or social morality (such as blackmail by "professional bad reviewers"), the court can use this principle to determine that it is invalid or constitutes an infringement. It has become an important legal tool to guide social fashion and improve folk customs.
4. Unity of knowledge and action - lawyers’ practical insights and prospects for the Civil Code
The promulgation and implementation of the Civil Code is both an unprecedented opportunity and a new challenge for every legal practitioner. As a lawyer, five years of practical exploration has given me a deeper understanding of this "encyclopedia of social life".
(1) the Civil Code: An indispensable “navigation chart” for practicing law
Before the introduction of the Civil Code, civil legal norms were scattered in multiple separate laws, administrative regulations and judicial interpretations. The application of laws often required complicated searches and screenings, and even faced the dilemma of conflicting norms. The emergence of the Civil Code is like a clear "navigation chart", providing systematic, clear and authoritative guidance for lawyers' practice activities.
From accepting customer consultations, drafting legal documents, acting as an agent in litigation, and participating in mediation, the Civil Code has become an indispensable and fundamental guide in the author's daily work. The completeness of its system makes the positioning of legal issues more precise, and the clarity of its rules enhances the predictability of legal application. For example, when dealing with complex commercial contract disputes, the systematic provisions on the establishment, validity, performance, termination and liability for breach of contract in the contract provide a solid legal basis for analyzing the case and formulating strategies. When dealing with cases of personality rights infringement, the independent existence and detailed provisions of the personality rights section make the protection of intangible rights such as privacy rights, personal information, reputation rights, etc. more powerful and the argument more complete. This transformation from "finding methods" to "using methods" has significantly improved the quality and efficiency of legal services. The implementation of the Civil Code has clarified many legal issues that were unclear or controversial in the past. For example, the obligation to explain the format clauses and the consequences of their violation, the standards for the identification of joint debts between husband and wife, and the distribution of responsibilities for high-altitude objects have been given a clearer legal basis.
(2) the Civil Code’s profound impact on legal thinking and practice
The implementation of the Civil Code is not only an iterative update of legal rules, but also profoundly promotes the change in the way of thinking of legal professionals.
First, it strengthens the rights-based concept. the Civil Code takes civil rights as the main logical line. From the declaration of the basic principles of civil rights in the general section to the detailed provisions of specific rights in each sub-section, it all demonstrates the respect and protection of the legitimate rights and interests of civil subjects. This encourages lawyers to pay more attention to analyzing issues from the perspective of rights and safeguarding the legitimate claims of the parties in their practice.
Secondly, it improves the ability to think systematically. the Civil CodeThe chapters and systems are logically and interconnected. When handling specific cases, it is often necessary to comprehensively apply the basic principles of the General Provisions, the specific rules of the relevant sub-parts, and even consider the balance between different rights. For example, when dealing with the commercial use of personal information, we must consider not only the protection of personal information by personality rights, but also the freedom of contract and the legitimate commercial interests of market entities. This systematic thinking requirement prompts lawyers to grasp legal relationships from a more macro and comprehensive perspective, improving the depth and breadth of legal analysis.
Furthermore, the basic principles of the Civil Code, such as equality, voluntariness, fairness, integrity, public order and good customs, green principles, etc., provide important value guidance for legal interpretation and discretion. When faced with new types of cases where the legal provisions are unclear or have gaps, these basic principles have become a powerful tool for lawyers to conduct legal arguments and persuade referees, and also provide a more solid legal foundation for judicial decisions.
(3) Challenges in practice and the need for continuous learning
Although the Civil Code has achieved great success, there will still be some challenges encountered in the specific judicial application process, which requires continuous exploration and improvement by the legal community.
1. Understanding and application of new systems: the Civil Code has added many new systems, such as residence rights, factoring contracts, etc. The specific application rules of these new systems in practice, the definition of rights boundaries, and coordination with other systems still need to be gradually clarified through a large amount of judicial practice and theoretical research. For example, when providing clients with legal advice on the newly established “right of residence”, how to accurately grasp its relationship with traditional property rights often requires lawyers to continuously explore and learn in practice. The legal nature of data rights and their protection methods are still triggering extensive discussions in academic and practical circles.
2. Uniformity of legal interpretation: For a code with such rich content, courts in different regions and at different levels may be inconsistent in understanding and applying certain provisions. the Supreme People's Court plays a vital role in unifying the application of laws by issuing guiding cases and judicial interpretations. As a lawyer, paying close attention to these judicial developments is an inevitable requirement to maintain professional standards.
3. Coordination with special laws: the Civil Code is the basic law in the civil field, but many specific fields (such as intellectual property, company law, securities law, etc.) still have their own special laws. How to accurately apply the relationship between the Civil Code and special laws in specific cases, especially when the two provisions are inconsistent or overlap, puts forward higher requirements for lawyers' professional judgment.
In the face of these challenges, lawyers must maintain a humble and studious attitude, continue to study in depth the legislative spirit, basic principles and specific regulations of the Civil Code, actively participate in academic seminars and practical exchanges, and continuously improve their legal literacy and professional capabilities. The vitality of the Civil Code lies in its implementation, and lawyers are an indispensable key link in its implementation.
(4) The role and prospects of lawyers in the Civil Code ecosystem
The promulgation of the Civil Code has given lawyers a more important historical mission. Lawyers are not only the users of the Civil Code, but also the disseminators of its spirit, promoters of practice and perfect advisers.
1. Loyal defenders of rights: The primary responsibility of lawyers is to use the provisions of the Civil Code to protect the legitimate rights and interests of the parties to the maximum extent, so that every citizen and market subject can feel the warmth and power of the Civil Code.
2. Active builders of the rule of law: By representing cases, participating in legislative consultations, and making judicial suggestions, lawyers can feed back problems and experiences discovered in practice to legislative and judicial authorities, contributing wisdom to the further improvement and development of the Civil Code.
3. Social legal propagandist: the Civil Code is closely related to everyone’s life. Lawyers have the responsibility to popularize the Civil Code knowledge to the public, enhance citizens’ legal awareness and legal literacy, and create a good social atmosphere in which the law is respected, studied, observed, and used. As a "living teaching material", the Civil Code is of great significance in popularizing the law.
Looking to the future, with the continuous improvement of the socialist legal system with Chinese characteristics, the Civil Code’s status will be further consolidated and its role will become more prominent. It is foreseeable that the judicial practice surrounding the Civil Code will be richer, the theoretical research will be more in-depth, and the supporting systems will be more complete. As Chinese lawyers in the new era, they should deeply understand the essence of the Civil Code, have the courage to shoulder the responsibilities entrusted by the times, serve the overall situation of the country's rule of law with superb professional abilities and noble professional ethics, and strive unremittingly to achieve the goal of "striving to make the people feel fairness and justice in every judicial case." The implementation of the Civil Code, as Professor Wang Liming said, will definitely demonstrate a more distinctive practical character and burst out more majestic practical power in the process of promoting the construction of a higher level of rule of law in China.
5. Conclusion: Carry on the past and open up the future, and lead the new journey of rule of law in China with the spirit of the Civil Code
The fifth anniversary of the promulgation of the Civil Code is not only an important time node in the history of China’s rule of law, but also an opportunity for us to deeply summarize our experience and look forward to the future. Looking back on the past five years, the Civil Code, with its epoch-making significance, superb legislative technology and strong practical effectiveness, has profoundly affected China's social and economic life and legal process, and is worthy of its historical position as the first "code" of New China.
General Secretary Xi Jinping emphasized that the Civil Code is an important institutional carrier for comprehensively governing the country according to law, and the Civil Code implementation level and effect are important measures for measuring the fulfillment of the purpose of serving the people by party and state agencies at all levels. He also pointed out that it is necessary to strengthen the work related to civil legislation. The promulgation and implementation of the Civil Code does not mean that all problems in the construction of civil rule of law have been solved once and for all. There are still many problems that need to be tested and explored in practice, and they also need to be continuously supplemented, supplemented and refined. These important instructions point out the direction for the continued development and improvement of the Civil Code.
However, as the sages said: "The affairs of the world are not difficult to legislate, but difficult to implement." The vitality of the Civil Code lies in its implementation. The final realization of its grand blueprint cannot be separated from the coordinated efforts of legislative, judicial, and administrative agencies, not to mention the extensive participation and unremitting efforts of the entire legal community, including lawyers, and all sectors of society. Five years of practice is the initial exploration of the Civil Code from paper to reality, from legal provisions to living social rules. In the future, we still need to continue to work hard in the following areas:
1. Deepen the unification of theoretical research and judicial application: In response to new situations and new problems that arise during the implementation of the Civil Code, theoretical research should be continuously strengthened, legal application standards should be unified, and high-quality judicial interpretations and guiding cases should be adopted to ensure that the Civil Code is implemented correctly and uniformly.
2. Improve supporting systems and legislation in emerging fields: Focusing on the Civil Code, based on the five-year implementation, improve relevant supporting regulations, especially for emerging fields such as data property rights and artificial intelligence, to form a collaborative and efficient legal norm system.
3. Strengthen legal education and legal culture construction: Combined with the vivid cases and judicial achievements in the past five years, make the Civil Code spirit a household name and enhance the legal literacy of the whole society. .
The core spirit contained in the Civil Code is people-centered, protection of private rights, respect for contracts, honesty and trustworthiness, fairness and justice, and green development. It is a beacon leading the new journey of rule of law in China. As a member of the legal community, we should deeply understand the essence of the Civil Code, bravely shoulder the mission of the times, serve the overall situation of the country's rule of law with superb professional abilities and noble professional ethics, and strive unremittingly to achieve the goal of "striving to make the people feel fairness and justice in every judicial case."
The promulgation and implementation of the Civil Code is a demonstration of China’s confidence in the rule of law and China’s contribution to the world’s rule of law civilization. Standing at a new historical intersection, let us take the spirit of the Civil Code as our guide, and under the glorious guidance of Xi Jinping’s thoughts on the rule of law, sum up five years of experience, build on the past and forge ahead, and jointly write a more glorious chapter for China’s rule of law. Let the ship of the Civil Code continue to lead the era of China’s rule of law and sail towards a more brilliant future!