The era of "Civil Code" began. What are the changes that netizens are most concerned about?

Some issues mentioned in the draft civil code, such as personal privacy protection, legal and moral hazard, marriage and family, have aroused public concern.

The era of the new civil code has finally arrived!

On May 28th, the Third Session of the 13th National People's Congress voted to pass the Civil Code of People's Republic of China (PRC). This indicates that the new era of civil code has arrived, and it is also the first law named after the code in China.

The draft civil code is a combined version of the draft general principles and sub-rules of civil law, including general principles, property rights, contracts, personality rights, marriage and family, inheritance, tort liability and supplementary provisions, with a total of more than *** 1200 articles.

The civil code can cover every aspect of every citizen's life, whether it involves land ownership system, inheritance, personal privacy protection, throwing objects from high altitude, neighborhood disputes, marriage problems, sexual harassment, etc. Therefore, it is also called "encyclopedia of social life".

Since the Fourth Plenary Session of the 18th CPC Central Committee decided to put forward this important legislative task-compiling the Civil Code, the word "Civil Code" has frequently entered the public eye.

Looking back on the road of compiling the civil code in recent years, China has taken an important "ten steps" in formulating the civil code, from the promulgation of the general provisions of the civil law, to the sub-clause review of the draft of the civil code, and then to the first appearance of the draft of the civil code.

▲ Figure: Ten Important Steps of the Draft Civil Code

It is generally believed that the Civil Code is the embodiment of promoting the modernization of the national governance system and governance capacity by the rule of law, effectively safeguarding the fundamental interests of the broad masses of the people and playing a vital role in promoting social fairness and justice.

In particular, the separate Personal Rights Code and Tort Liability Code are the first civil codes in the world, which also show the wisdom of China and China's plan to the world. International public opinion also believes that the protection of civil rights in China has entered a brand-new "civil code era".

As the year when the Civil Code was officially promulgated, 2020 received more attention during the two sessions this year. In recent days, issues such as personal privacy protection, legal and moral hazard, marriage and family mentioned in the draft civil code have aroused widespread public concern. Around related topics, there are many high-frequency words on the Internet.

▲ cloud map of civil code words

During the period when the draft Civil Code was submitted for deliberation, many hot search topics such as "Parabolic", "Setting a Cooling-off Period for Divorce" and "Sexual Abuse of Minors" were formed on Sina Weibo, which attracted netizens' attention and comments. By the 28th 15, the cumulative reading volume of the above topics has exceeded 200 million.

In addition, topics related to the draft Civil Code, such as # How to help yourself avoid the responsibility of infringement of rights and interests #, # The deceased did not object to the decision of family members to donate the remains before his death #, # Custody disputes have the right to speak for children who have reached the age of eight #, have also attracted public attention.

After statistical analysis, Xinjing think tank sorted out several core topics that attracted the most attention during the deliberation stage of the draft civil code, as follows:

The most concerned topic: preventing high-altitude parabolic objects from being written into the draft civil code

The tort liability of the draft civil code stipulates that the relevant authorities should investigate in time according to law and find out the responsible person; Building managers should take necessary safety measures to prevent such situations from happening. Those who fail to take necessary measures shall bear the tort liability for failing to fulfill their security obligations according to law.

In addition, in some cases, because the perpetrators could not be found, it was finally decided that the owners and properties of the whole building should be compensated, which caused great controversy. The draft civil code requires the relevant authorities to investigate and deal with the responsible person, which greatly reduces the situation of "one person throwing objects and the whole building paying the bill". Because the responsibility of the property company is clear, it will also guarantee the safety expenses from the source.

There are many topics about "high-altitude parabolic objects" in Weibo. @ People's Daily, @ CCTV News, @ Headline News and other media have hosted related topics, attracting as many as 250 million readings. This is one of the topics related to the Civil Code that netizens pay the highest attention to.

▲ Image source: Weibo screenshot

Netizens generally support writing the prevention of high-altitude parabolic objects into the draft civil code. But there are also many people who think that "one person throws a parabolic object and the whole building pays for it" is problematic. It is recommended to install camera monitoring and severely punish those who fall from high altitude.

▲ Image source: Weibo screenshot

But there is also a big V, which means to solve the parabolic problem at high altitude by criminal law.

Lawyer @ Wen Yang Zhan (2.42 million fans), a well-known legal blogger, thinks: "The Civil Code can't solve the problem of preventing throwing objects at high altitude. Civil law solves the problems of compensation amount and liability. The difficulty of throwing objects at high altitude lies in the confirmation of the' real murderer'. In the past, the solution of civil law was that if the' real murderer' could not be found, all the' suspects' would be compensated together. Obviously, this method is not shocking. "

Topic with the highest support rate: sexual assault of minors 18 years old can still be prosecuted.

The draft civil code stipulates that minors who have been sexually assaulted can claim their rights through legal channels when they grow up.

▲ Image source: Weibo screenshot

After hosting related topics in Weibo, @ CCTV News has attracted the attention and forwarding from all walks of life. As can be seen from the comments of netizens, there are endless voices of praise and support. Weibo alone won more than 300,000 praises for the first time.

▲ Image source: Weibo screenshot

The reason why this provision in the draft civil code became a hot topic during the two sessions stems from the recent frequent sexual assault on young children. From the molestation of a 9-year-old girl by the chairman of Xincheng Holdings, to the molestation of a child by a male kindergarten teacher in Shanghai, and to the recent incident of "sexual assault 14-year-old adopted daughter", which has aroused great concern and dissatisfaction among netizens. Netizens have left messages condemning people like Bao, and at the same time they have given strong support to the victims' active rights protection.

▲ Image source: Weibo screenshot

Weibo Da V, a famous parenting blogger @ Wang Renping (29 1 10,000 fans) pointed out: "Support! When many minors were sexually assaulted, they were limited by their cognitive ability and mental development level at that time, or out of fear or because they were at a loss, they did not report the case in time. The limitation period for minors to claim compensation for sexual assault is calculated from the date when the victim reaches the age of 18, which can better crack down on sexual assault crimes, support the victims to defend their rights and protect their rights. "

A controversial topic: setting a cooling-off period for divorce

Whether the clause about "cooling-off period of divorce" in the first draft of the Civil Code should be deleted has aroused heated discussion on the Internet.

First of all, look at the voices supporting this clause:

On May 23rd, Li Shaoping, a member of the Chinese People's Political Consultative Conference (CPPCC) and vice president of the Supreme People's Court, said that for everyone, the freedom of divorce is a right endowed by law and respected by the judiciary. However, too many divorces are too casual, which will also bring some adverse effects and consequences to the family and society to a certain extent.

Bai believes that designing such a cooling-off period does not mean limiting the freedom of divorce, but that there are more and more impulsive and rash decisions to divorce. I really want to divorce for a month after I calmed down for such a month. This month is not only the destruction of freedom of marriage, but also to prevent rashness caused by excessive freedom.

Jin Mei, a professor at China University of Political Science and Law and an expert in marriage law, also believes that the establishment of a cooling-off period for divorce is conducive to reducing impulsive divorce, not only will it not hinder the freedom of divorce, but also promote family perfection and social stability, which is also of positive significance to the cultivation of underage children.

However, from the overall public opinion, the proportion calling for the deletion of the "cooling-off period for divorce" clause is relatively high.

▲ Image source: Weibo screenshot

Jiang Shengnan, deputy to the National People's Congress and member of the National Committee of the Chinese Writers Association, suggested deleting the "cooling-off period for divorce" in the draft civil code. She said that marriage is like drinking cold water and knowing yourself. For 90% of people, there is no need for a "cooling-off period for divorce", and people who want to divorce can't wait a day.

▲ Image source: Weibo screenshot

Jiang Shengnan's remarks once became a hot topic in Weibo, and many netizens left messages to support:

▲ Image source: Weibo screenshot

Also supporting the deletion of the "cooling-off period for divorce" clause is Weibo Da V, a gender columnist @ Queen Yi Heng (7 1.8 million fans). She believes: "Everyone doesn't want a cooling-off period for divorce, which just violates the freedom of marriage. Legislation should not talk too much about' elites' and' parents', but should take care of common sense and demands. "

@ 中中中中中中中中 initiated how to treat the cooling-off period of divorce? About 9 1% netizens disapprove of setting up a cooling-off period for divorce, for specific reasons such as domestic violence and adults being responsible for their own decisions. Some netizens even ridiculed: "Marriage also needs a cooling-off period."

▲ Image source: Weibo screenshot

Regarding the controversy over whether it is necessary to set up a cooling-off period for divorce, Sun, a famous civil jurist and NPC deputy in China, responded: "Most people seriously consider the issue of marriage. For 95% of people, divorce must be well thought out. Some may have been arguing for many years, and there must be relevant evidence for the breakdown of feelings during divorce. For these people, is the cooling-off period still applicable? Court.

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Whether it is social contradiction, family contradiction or ethics, during the deliberation stage of the draft civil code, some topics have been hotly debated by public opinion, and at the same time, many social pain points that have existed for many years have been highlighted from the side. In fact, there are still many old and new problems in life that must be followed and solved by the civil code. The promulgation of the Civil Code not only responded to the public's concerns in a timely and comprehensive manner, but also reflected that "the people have a call, and the law should respond", and by guiding each of us to actively implement it, we can also prevent or reduce the occurrence of bad negative behavior events. I believe that with the promulgation of the Civil Code, people's lives will be safer and better in the future.