From Napoleon’s Code Civil to the Civil Code of Xi Jinping

Abstract

On 28 May 2020 the National People’s Congress enacted the Chinese Civil Code after six years of preparatory work. The author analyses the historic developments leading to the creation of this important codification, encompassing both the Chinese domestic debate and the reception and influence of international codifications. He offers invaluable insight into his personal experiences studying the law of the People’s Republic of China, extending back to the 1970s when he was enrolled at Beijing University. While codified law had been nearly non-existent in the PR China until the end of the cultural revolution period, this situation has since changed dramatically, which can be accounted for with reference to the thousands of applicable national and regional laws and regulations today. However, the author identifies a specific distinction that is still made by Chinese authorities nowadays between law that is systematically relevant and law that is not. He deems the Chinese Civil Code to be seen as falling within the latter category, thereby resulting in implementation characterized by difficulties.