The Civil Code of the People’s Republic of China under the Lens of a Supreme People’s Court Commentary: An Overview of New Rules in the Special Parts

Abstract

This article presents a selection of the new provisions found in the Special Part of the Civil Code of the People’s Republic of China, which was adopted on 28 May 2020. The provisions of the Code are examined individually against the backdrop of an eleven-volume commentary of the Supreme People’s Court on the Civil Code. The following conclusions can be drawn about the development of Chinese civil law: The Civil Code is not a new codification of Chinese civil law, instead being a summary of existing laws, supplemented by individual principles and doctrines that the Supreme People’s Court had previously created as a quasi-legislator in its judicial interpretations. In connection with this, the legislature has endeavoured to strengthen the protection of individual rights under private law. In addition, the entry into force of the Civil Code has closed a number of gaps that existed under the previous legal situation, while some questions remain open and have yet to be answered by commentators or the judiciary. Finally, the Civil Code resolves some practical problems without the legislature having committed itself theoretically.