On the afternoon of May 28, 2020, the Third Session of the 13th National People ’s Congress voted and passed the Civil Code of the People ’s Republic of China. This law has been in effect since 2021. Effective January 1, this is also the first codified law in the history of New China. For example, the Code guarantees the civil rights of the fetus, clarifies the “organizations, enterprises, schools, and other units” responsibility for preventing sexual harassment, and also adds a residence rights system, and clarifies the 70-year automatic renewal of the residence. focus.
The picture is from Visual China, this article is from WeChat public account: China Times (ID: chinatimes) , author: Hu Jinhua, Dai Yin ultra
On the morning of May 25, the Constitution and Law Committee of the 13th National People ’s Congress held a plenary meeting on the Hereinafter referred to as “Draft Civil Code”) etc. for unified review. As the first law named after the code in New China, the draft of the Civil Code has created a precedent for the compilation of legislation in China’s Code, and is of landmark significance. It is understood that the draft of the Civil Code is divided into general articles, real rights, contracts, personal rights, marriage and family, inheritance, infringement, 7 and additional provisions, totaling 1,260 articles.
A reporter from China Times noted that the previous rules on loan sharks have all appeared through judicial interpretations rather than laws, and did not explicitly “prohibit loan sharks”. In the draft of the Civil Code, loan sharking is explicitly prohibited, which is also the first time in China’s existing legal system.
“The draft civil code is a code that keeps pace with the times. It clarifies and adds a series of new systems based on new situations and new problems that have emerged in economic and social life. Define the joint debt of husband and wife, clarify the liability for parabolic altitude, residency, etc. “Taihetai (Shanghai) Li Dengchuan, a lawyer of a law firm, said in an interview with a reporter from the China Times.
The first law named after the Codex
During the National People’s Congress and the National People’s Congress, the review of the draft civil code has always attracted the attention of people from all walks of life. On the morning of May 25, the Constitution and Law Committee of the 13th National People’s Congress held a plenary meeting to conduct a unified review of the draft civil code.
As the first law named after the “Code” since the founding of New China, Li Dengchuan believes that the greatest significance of the draft civil code is to better protect the rights and interests of the people. It includes all the laws in the civil field before the formal implementation of the Civil Code, which can be said to be an encyclopedia of ordinary people in handling civil disputes.
It is understood that the draft civil code is divided into general articles, real rights, contracts, personal rights, marriage and family, inheritance, infringement liability, 7 and supplementary articles, totaling 1260 articles, the compilation lasted nearly six year. From December 28, 2019 to January 26, 2020, the first draft of a “combined” civil code was published on the China National People’s Congress Network for public comment. During the public consultation period, 114,574 comments from 13,718 netizens were received.
The draft of the Civil Code covers all aspects of life and death, life and death, clothing, food, housing, transportation, consumer loans, and production and living. The public generally believes that the draft civil code is an encyclopedia of social life and is closely linked to the daily lives of the people. Compiling the draft civil code helps to better protect the civil rights and interests of the public and maintain social fairness and justice.
“Before the draft of the Civil Code, when dealing with various civil disputes, the people needed to find the corresponding civil law rules in the various civil laws according to the corresponding types of civil disputes. For example, when they encountered contract disputes, they needed to find” “Contract Law”, when encountering property rights disputes, you need to find the “Property Law”, in complex civil disputes, you also need to find multiple civil laws, etc., which is inconvenient and is not conducive to the people familiar with and understand the civil law rules. The draft code systematizes and standardizes civil law. When people encounter civil disputes again, they can directly find the corresponding civil legal basis in it. This not only greatly improves the efficiency of civilians in handling civil disputes, but also enhances the civil law awareness of ordinary people. Great help. “Li Dengchuan told our reporter.
Prohibition of loan sharks, there are laws to follow in related cases
Furthermore, a reporter from the China Times also noted that the draft civil code clearly stipulates that it is forbidden to make high-profit loans, and the interest rate of borrowing shall not violate relevant state regulations. If the loan contract does not stipulate the payment of interest, it shall be deemed as no interest. If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or party’s transaction method, transaction habits, market interest rate and other factors; if the loan is between natural persons, it shall be deemed as no interest.
Li Dengchuan analyzed to our reporter that the draft of the Civil Code is the first time that “prohibition of loan sharking” has been included in our draft law. Previous rules on loan sharks have appeared through judicial interpretations rather than laws, and the words “prohibition of loan sharks” have not been clearly shown, such as “The Supreme People ’s Court Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Loan Cases”, Opinions on Several Issues in Handling Criminal Cases of Illegal Lending.
In recent years, social problems caused by loan sharks have become increasingly prominent, but in China ’s existing legal system, there has not been a clear provision on loan sharks, and the draft civil code for the first time banned loan sharks in the form of laws for future public security organs. Provide legal basis for relevant cases.
“From a financial point of view, whether it is cash loans or loans, as well as the previously prohibited campus loans, there are problems related to the usury red line. Now all the problems related to usury are not fully understood. The law stipulates that only the judicial interpretation of the supreme law is used to identify and implement. The revision of the draft civil code can contain the usury behavior from the source and define usury violations. In this way, the usury case involving private lending becomes lawful. According to this, to a great extent, it can eliminate illegal lending business and regulate the entire financial market. “Bi Yanguang, an observer of mutual funds, said in an interview with a reporter from the China Times.
In Li Dengchuan ’s view, because the “prohibition of loan sharking” has not been clearly written into the law, even if there is a “two three areas” rule stipulated by judicial interpretations (That is, interest with an interest rate within 24% of the annual interest rate is protected by law, and the annual interest rate of 24% -36% is natural debt. The debtor can pay off or not, and the part with an annual interest rate of more than 36% is not protected by law) , but Because the level of judicial interpretation is not sufficient, it does not act as a deterrent, and it also allows many loan sharks who blindly pursue profits to lower the annual interest rate and hide the fact of loan sharking through account management fees, transaction fees, and risk deposits.
“And if this clause is formally passed, it will directly prohibit usury lending from the legal levelIt has a more authoritative and strong deterrent effect on loan sharks. In addition, public security, judicial departments, and financial supervision departments have clear legal levels of legal basis when handling high-profit loan cases, which helps these departments to crack down on high-profit loan activities better, faster, and stronger. It is believed that the prohibition of usury lending through laws at this level can effectively combat or even gradually eliminate usury lending, reshape the reasonable, good, orderly, and honest private lending market, and promote the development of the private real economy. “Li Dengchuan said.
This article is from WeChat public account: China Times (ID: chinatimes) , author: Hu Jinhua, Dai Yin ultra