China's Recent Civil Law Codification In The High-Tech Era: History, Innovations, And Key Takeaways

• Author: Dessie Tilahun Ayalew
• Pages: 151-164

2020] CHINA LAW UPDATE 151

CHINA’S RECENT CIVIL LAW CODIFICATION IN THE HIGH-

TECH ERA: HISTORY, INNOVATIONS, AND KEY

TAKEAWAYS

Dessie Tilahun Ayalew

I. INTRODUCTION

On May 28, 2020, in its third session, the 13th National People’s Congress

(hereinafter the “NPC”) adopted the Chinese Civil Code (hereinafter the

“CCC”). The CCC represents a milestone in the modernization of the Chinese

socialist legal system.1 China uses the continental legal system, where the

codification of laws is a key attribute. Though seemingly paradoxical, the CCC

is the first codified law in China — except for the Six Codes promulgated by

the Kuomintang, for which legal drafters of that era modeled on European legal

codes.2 The CCC is also the hard-won result of the Chinese Communist Party’s

(hereinafter the “CPC”) political commitment to such codification. During its

19th National Congress, the CPC declared the codification of the CCC an

important step in Chinese people’s pursuit of a better life, as well as in the

promotion of socialism with Chinese characteristics for a new era.3

While civil codes like the French Civil Code of 1804, the German Civil

Code of 1896, and the Japanese Civil Code of 1898, have all left a brilliant mark

in history, China’s new Civil Code, as the world’s youngest, benefits from its

late-mover advantage. That is to say, by making multiple innovations in

accommodation to the 21st-century technologies, the CCC reflects the high-

tech era. This note aims to present the CCC as pioneering a new generation of

civil codes in a high-tech era. It is organized under three sections: The first

section revisits the history of the codification of civil law in China, addressing

its genesis and development. The second section focuses on the innovations

introduced in the CCC in response to the high-tech era. The third section

concludes the note with potential lessons to be learned from China’s civil law

codification, which constitute key takeaways for jurisdictions either in the

process of adopting a new civil code, or revising it.

1 Professor Huo Zhengxin called the adoption of the Civil Code “a milestone for both the protection of

human rights and the promotion of rule of law in China.” See Huo Zhengxin, China Enters an Era with a Civil

Code, CHINA JUSTICE OBSERVER (May 29, 2020), https://www.chinajusticeobserver.com/a/china-enters-an-

era-with-a-civil-code.

2 Percy R. Luney Jr., Traditions and Foreign Influences: Systems of Law in China and Japan, 52 L. &

CONTEMP. PROBS. 129, 131 (1989).

3 Wang Liming, The Modernization of Chinese Civil Law over Four Decades, 14 FRONTIERS OF L. IN

CHINA 39, 69 (2019), http://journal.hep.com.cn/flc/EN/10.3868/s050-008-019-0003-4 (last visited Jan. 8,

2021).