HEFEI, June 17 (Xinhua) -- Zhang Yiyi
has been annoyed by the leak of her personal information as she often
receives harassing phone calls after booking plane tickets online or
buying a house from a real estate agency. Zhang,
a resident in Hefei, capital of east China's Anhui Province, hopes the
problem could be solved with the country's newly adopted Civil Code,
which clearly defines people's privacy. As
the first law to carry the title "code" since New China was founded in
1949, the Civil Code passed at the third session of the 13th National
People's Congress, China's top legislative body, will take effect on
Jan. 1, 2021. A major innovation of China's Civil Code, jurists say, is embodied in the section on personality rights. Yao
Weiyao, partner of the Anhui Huishang Law Firm, said incorporating
personality rights provisions into an independent section emphasizes the
protection of people's dignity, which is in line with the people-rooted
thoughts of traditional Chinese culture and reflects China's confidence
in its culture. The section on
personality rights includes provisions on a civil subject's rights to
life, body, health, name, portrait, reputation, and privacy, among
others. In Yao's view, the code not
only shows China's innovation in legislation but also contributes to
mankind's achievements in building a law-based civilization. The adoption of the Civil Code also excited Deng Jiakai, a judge of the Intermediate People's Court of Wuhu, Anhui Province. "The
code is a milestone in the country's advancement of the rule of law,
and adapts to the judicial practices at the grassroots level," he said.
"From the protection of individuals and families to the maintenance of
social order, it embodies our excellent traditional values and national
spirit." The judge, who has 26 years
of trial experience, has heard a succession case before, in which the
nephew of a man surnamed Fang, as his only relative, asked for insurance
compensation after Fang died in a car accident. At
that time, Deng could only protect the nephew's legitimate rights and
interests in accordance with a series of legal provisions, such as the
tort liability law and General Principles of the Civil Law, and relevant
judicial interpretations. "The
inheritance provisions in the Civil Code amended the Law of Succession,
which highlights traditional values including caring for the elderly and
gives judges at grassroots levels more clarity in their decisions,"
Deng said. In addition to general
and supplementary provisions, the Civil Code includes six parts on real
rights, contracts, personality rights, marriage and family, inheritance,
and tort liabilities, protecting Chinese citizens' rights from the
cradle to the grave. According to the code, even unborn children have
the right to an inheritance and gifts. Zhou
Shihong, vice president of the Anhui Lawyers Association, said the code
mentions carrying forward the core socialist values in Article One of
its general provisions and also fully reflects the integration of the
rule of law and the rule of virtue in the specific articles. "Embodying
our fine traditional culture and moral values in laws can in turn
promote the further civilization of society, resulting in two-way
benefits," Zhou said. Enditem
|