What laws are invalid after the entry into force of the Civil Code?

After the implementation of Civil Code, Marriage Law of the People's Republic of China, Inheritance Law of People's Republic of China (PRC), General Principles of Civil Law of People's Republic of China (PRC), Adoption Law of People's Republic of China (PRC), Guarantee Law of People's Republic of China (PRC) and Contract Law of People's Republic of China (PRC),

The following are the details:

1, the full text of civil code *** 1260, including general provisions, property rights, contracts, personality rights, marriage and family, inheritance, tort liability and supplementary provisions, is a systematic integration and compilation of scattered civil legislation since 1949.

2. Put forward the legislative task of compiling civil code. This compilation follows the "two-step" thinking put forward by the Legal Affairs Committee of the Standing Committee, that is, first formulate the general principles of civil law, and then incorporate other separate civil laws into the civil code. Among them, the General Principles of Civil Law has completed the first step; All drafts are packaged and submitted to the Standing Committee for preliminary consideration, and then all drafts are reviewed for the second time, and some are reviewed for the third time. Since then, the draft general principles and sub-rules of the civil law have formed a complete draft civil code and submitted it to the National People's Congress for deliberation. Affected by the once-in-a-century COVID-19 epidemic, the promulgation of the Civil Code was two and a half months later than originally planned, but it did not deviate from the timetable for completing the legislation. In view of the epidemic situation, the Civil Code has made targeted provisions on guardianship system, property expropriation, property liability, state order contract and so on.

3. Before it was put to the vote, according to the deliberation opinions of delegations and the opinions of relevant parties, the draft revised 100 in many places, including more than 40 substantive amendments. For example, in practice, some property service personnel collect property fees by cutting off water and electricity, which has a serious impact on the basic life of owners. In this regard, the prohibition clause has been added to the chapter on the property service contract in the civil code contract. For example, the draft submitted for deliberation stipulates that if sexual harassment is carried out against the will of others by words or actions, the victim has the right to ask the perpetrator to bear civil liability according to law. The final Civil Code further refines "speech, behavior and other ways" into "speech, writing, images, physical behavior and other ways".

Second, the new content of the Civil Code

After the implementation of the civil code, the existing marriage law, inheritance law, general principles of civil law, adoption law, guarantee law, contract law, property law, tort liability law and general principles of civil law will be abolished at the same time. The promulgation of the civil code conforms to the needs of the times and responds to the realistic needs of today's society. Such as the following problems that often appear in daily life:

1, the right of residence into the law

The right of residence guarantees "home ownership" and provides the minimum living guarantee for the vulnerable groups such as the elderly and children.

2. Who owns the advertising revenue of residential elevators?

After deducting the reasonable cost, the income generated by using the owner's part shall be owned by the owner.

3. How to treat the hegemony of high-speed rail?

For high-speed rail, passengers and carriers should ride and transport according to the time, frequency and seat number recorded in valid tickets respectively.

4, brush face recognition will be limited.

Personal information includes natural person's name, date of birth, ID number, biometric information, address, telephone number, e-mail address, whereabouts information, etc. Protected by law.

5. Say no to sexual harassment

"Organs, enterprises, schools and other units" shall take reasonable measures to prevent and stop sexual harassment by taking advantage of their authority and affiliation.

6. Draw a red line for embryo experiment

Engaged in medical and scientific research activities related to human genes and human embryos. , shall abide by laws and regulations, and shall not endanger human health, violate ethics, and harm public interests.

7. Protection of privacy

No organization or individual may invade the privacy rights of others by spying, harassing, exposing or making public, and may not enter, photograph or peep into other people's private spaces such as houses and hotel rooms without authorization.

8. You can leave without leaving and decide after one month.

Divorce by agreement has a cooling-off period of 30 days. "Within 30 days from the date when the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office."

9. Lock the person responsible for parabolic falling objects at high altitude

In view of falling objects from high altitude, relevant competent departments should promptly investigate and identify the responsible person according to law, and building managers such as property service enterprises should take necessary safety measures to prevent such behaviors.

To sum up, after the Civil Code comes into effect, there will always be nine laws abolished. After the implementation of the civil code, the existing marriage law, inheritance law, general principles of civil law, adoption law, guarantee law, contract law, property law, tort liability law and general principles of civil law will be abolished at the same time.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 1 After the implementation of the Civil Code, the provisions of the Civil Code shall apply to civil disputes caused by legal facts.

Civil disputes caused by legal facts before the implementation of the Civil Code shall be governed by the provisions of laws and judicial interpretations at that time, unless otherwise stipulated by laws and judicial interpretations.

The legal facts before the implementation of the civil code continued until after the implementation of the civil code. Civil disputes caused by legal facts shall be governed by the provisions of the Civil Code, except as otherwise provided by laws and judicial interpretations.

Article 2 In the case of civil disputes caused by legal facts before the implementation of the Civil Code, the provisions of the laws and judicial interpretations at that time shall apply, except that the application of the provisions of the Civil Code is more conducive to protecting the legitimate rights and interests of civil subjects, maintaining social and economic order and promoting socialist core values.

Article 3 The provisions of the Civil Code may apply to civil disputes arising from legal facts before the implementation of the Civil Code, if there are provisions in laws and judicial interpretations at that time, except those that obviously damage the legitimate rights and interests of the parties, increase their legal obligations or deviate from their reasonable expectations.

Article 4 For civil disputes arising from legal facts before the implementation of the Civil Code, the legal and judicial interpretations at that time only provided for in principle, and if there were specific provisions in the Civil Code, the provisions of the legal and judicial interpretations at that time shall apply, but judgment and reasoning can be made according to the specific provisions of the Civil Code.

Article 5 The provisions of the Civil Code shall not apply to cases that have been finalized before the implementation of the Civil Code, if the parties apply for retrial or decide to retrial in accordance with the procedure of trial supervision.