General Principles of the Civil Law of the People's Republic of China

The General Principles of the Civil Law of the People's Republic of China (Chinese: 中华人民共和国民法通则) is a law in the PRC that was promulgated on April 12, 1986[1] and came into force on January 1, 1987.[2] It is heavily influenced by the German Civil Code. It is the main source of civil law in the PRC and seeks to provide a uniform framework for interpreting the PRC's civil laws.[3]

China
This article is part of a series on the politics and government of China
Leadership Leadership generations Succession of power Hu–Wen Administration (2002–2012) Xi–Li Administration (2012–2017) Xi Core Administration (since 2017) 4th Leadership Core: Xi Jinping 19th Party Politburo: Xi Jinping 13th State Council: Li Keqiang Current state leaders Current provincial leaders National leaders Orders of precedence Paramount leader: Xi Jinping Communist Party leader: Xi Jinping Head of state: Xi Jinping Head of government: Li Keqiang Congress Chairman: Li Zhanshu Conference Chairman: Wang Yang Commander-in-chief: Xi Jinping Politburo Standing Committee members Related systems Democratic centralism Collective leadership Organization Department Elections Civil service
Communist Party History Principal leaders Constitution Admission Oath (Article 6) Organization National Party Congress (19th) Central Committee (19th) General Secretary (list) Xi Jinping Central Politburo (19th) Standing Committee (list) Central Secretariat Top-ranked secretary: Wang Huning Central Military Commission Chairman: Xi Jinping Vice-Chairmen: Xu Qiliang, Zhang Youxia National Security Commission Chairman: Xi Jinping Vice-Chairmen: Li Keqiang, Li Zhanshu Office Chief: Ding Xuexiang Comprehensively Deepening Reforms Commission Director: Xi Jinping Deputy Directors: Li Keqiang, Wang Huning, Han Zheng Secretary-General: Wang Huning Financial & Economic Affairs Commission Director: Xi Jinping Deputy Director: Li Keqiang Office Chief: Liu He General Office Director: Ding Xuexiang General Secretary's Office Chief: Ding Xuexiang Central Security Bureau Central Guard Unit Office of the Central Secrecy Commission Organization Department Head: Chen Xi Central Commission for Discipline Inspection (19th) Secretary: Zhao Leji Provincial committee Standing committee Secretary Deputy secretaries
United Front Political Consultative Conference National Committee Chairman: Wang Yang Vice-Chairpersons Top-ranked: Zhang Qingli Secretary-General: Xia Baolong Political parties: CPC (ruling) United Front Work Department Head: You Quan RCCK CDL CDNCA CAPD CPWDP CZGP JS TDSGL Federation of Industry and Commerce People's organizations
Ideology Marxism–Leninism Mao Zedong Thought Socialism with Chinese characteristics Deng Xiaoping Theory Primary stage of socialism Four Cardinal Principles Three Represents Scientific Outlook on Development Harmonious Socialist Society Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era Chinese Dream Four Comprehensives
Constitution Law Constitution Previous constitutions 1954 1975 1978 "People's democratic dictatorship" (Article 1) Democratic centralism (Article 3) Constitutional oath of office (Article 27) Protection of human rights (Article 33) Freedom of religion (Article 36) Chinese legal system Civil law tradition Socialist law tradition Laws Legislation Law List of statutes General Principles of the Civil Law Marriage Law Labour law Labour Law Labour Contract Law Property law Property Law Intellectual property law Patent law Administrative law Administrative Procedure Law Criminal law Capital punishment Capital offences Death sentence with reprieve
Legislative National People's Congress (13th) Members Plenary sessions Voting results Presidium Standing Committee Chairman: Li Zhanshu Vice-Chairpersons Top-ranked: Wang Chen Secretary-General: Yang Zhenwu Members Special committees Ethnic Affairs Constitution and Law Supervisory and Judicial Affairs Financial and Economic Affairs Education, Science, Culture and Public Health Foreign Affairs Overseas Chinese Affairs Environment Protection and Resources Conservation Agriculture and Rural Affairs Social Development Affairs Legislation Law Elections
Presidency President (list): Xi Jinping Presidential spouse: Peng Liyuan Presidential Office Chief: Ding Xuexiang Vice-President: Wang Qishan
Executive State Council (Central People's Government) Li Keqiang Cabinet II Premier (list): Li Keqiang Vice-Premiers (list) Han Zheng Sun Chunlan Hu Chunhua Liu He State Councilors Wei Fenghe Wang Yong Wang Yi Xiao Jie Zhao Kezhi Secretary-General: Xiao Jie Cabinet-level departments National Development & Reform Commission Central bank National Audit Office General Office Secretary-General Deputy Secretary-Generals State-owned Assets Supervision & Administration Commission Main Central Enterprises
Military Central Military Commission (CMC) Chairman (supreme commander): Xi Jinping Vice-Chairmen: Xu Qiliang Zhang Youxia Members: Wei Fenghe Li Zuocheng Miao Hua Zhang Shengmin Departments: General Office Joint Staff Dept. Chief: Li Zuocheng Political Work Dept. Director: Miao Hua Logistic Support Dept. Equipment Development Dept. Training & Administration Dept. National Defense Mobilization Dept. Discipline Inspection Commission Secretary: Zhang Shengmin Politics & Legal Affairs Commission Science & Technology Commission Strategic Planning Office Reform & Organizational Structure Office Int'l Military Cooperation Office Audit Office Offices Administration Agency National armed forces: People's Liberation Army Theater commands  People's Armed Police  China Coast Guard  Militia State Council National Defense Mobilization Commission Chairman: Li Keqiang Ministry of National Defense Minister: Wei Fenghe Ministry of Veterans Affairs State Administration for Sci., Tech. & Industry for National Defense Military history Armed conflicts Military modernization Military reform since 2015 CMC Leading Group for Military Reform Leader: Xi Jinping
Supervision Corruption in China Anti-corruption campaign since 2012 CPC Central Commission for Discipline Inspection (19th) Secretary: Zhao Leji Deputy Secretaries Yang Xiaodu Zhang Shengmin Liu Jinguo Yang Xiaochao Li Shulei Xu Lingyi Xiao Pei Chen Xiaojiang Secretary-General: Yang Xiaochao National Supervisory Commission Director: Yang Xiaodu Central Leading Group for Inspection Work Leader: Zhao Leji Commission for Discipline Inspection of the Central Military Commission Secretary: Zhang Shengmin Independent Commission Against Corruption (Hong Kong) Commission Against Corruption (Macau)
Judiciary Law enforcement CPC Central Politics and Law Commission Secretary: Guo Shengkun Supreme People's Court President: Zhou Qiang People's Courts Judicial Police Supreme People's Procuratorate Prosecutor General: Zhang Jun People's Procuratorates Judicial Police State Council Ministry of Public Security Minister: Zhao Kezhi (State Councilor) Public Security Organs People's Police State Immigration Administration Local public security bureaus Ministry of State Security Minister: Chen Wenqing State Security Organs People's Police Ministry of Justice Minister: Fu Zhenghua Judicial Administrative Organs People's Police Bureau of Prison Administration Urban Management (chengguan) Judiciary of Hong Kong Court of Final Appeal Department of Justice Prosecutions Division Law enforcement in Hong Kong Security Bureau Regular Disciplined Services Hong Kong Police Force Judiciary of Macau Court of Final Appeal Public Prosecutions Office Secretariat for Security Macau Security Force Unitary Police Services Public Security Police Judiciary Police
Publicity Central Leading Group for Propaganda and Ideology Leader: Wang Huning Central Guidance Commission on Building Spiritual Civilization Director: Wang Huning Deputy Director: Huang Kunming Central Publicity (Propaganda) Department Head: Huang Kunming National Press and Publication Administration China Film Administration State Council Information Office China Daily Ministry of Culture and Tourism National Radio and Television Administration China Media Group China Central Television China Global Television Network China National Radio China Radio International Xinhua News Agency Reference News China News Service People's Daily Global Times China Today Censorship in China Radio jamming Overseas censorship of Chinese issues Media of China Internal media Publishing industry in China Internet in China Internet censorship Great Firewall Great Cannon Central Cyberspace Affairs Commission Director: Xi Jinping Deputy director: Li Keqiang Cyberspace Administration of China Director: Xu Lin
Hong Kong Macau Central Leading Group on Hong Kong and Macau Affairs Leader: Han Zheng HK & Macau Affairs Office Director: Zhang Xiaoming Liaison Office in Hong Kong Liaison Office in Macau One country, two systems Special administrative regions Hong Kong Basic Law Chief Executive: Lam Cheng Yuet-ngor Hong Kong SAR Government Politics of Hong Kong Independence movement Mainland & HK CEPA Macao Basic Law Chief Executive: Chui Sai On Macau SAR Government Politics of Macau Mainland & Macau CEPA
Cross-Strait relations Cross-Strait relations Chinese Civil War One-China policy Political status of Taiwan Republic of China on Taiwan Taiwan Area "Taiwan Province", PRC Taiwan independence movement Anti-Secession Law Economic Cooperation Framework Agreement Cross-Strait Service Trade Agreement Chinese unification Central Leading Group for Taiwan Affairs Leader: Xi Jinping Deputy Leader: Wang Yang Taiwan Affairs Office Director: Zhang Zhijun Association for Relations Across the Taiwan Straits
Foreign relations Central Foreign Affairs Commission Director: Xi Jinping Deputy Director: Li Keqiang Secretary-General: Yang Jiechi Ministry of Foreign Affairs Minister: Wang Yi (State Councilor) Spokespersons Diplomatic missions Diplomatic missions of China / in China Foreign aid from China / to China International Development Cooperation Agency Ministry of Commerce Exim Bank of China China Development Bank Belt and Road Initiative Silk Road Fund Asian Infrastructure Investment Bank BRICS New Development Bank Ministry of National Defense International Military Cooperation Office NPC Foreign Affairs Committee CPC International Liaison Department State Council Information Office State Administration of Foreign Experts Affairs Overseas Chinese Affairs Office Chinese nationality law Chinese passports (Hong Kong; Macau) Visa requirements for Chinese citizens (Hong Kong, Macau) Visa policy of China (Hong Kong; Macau) National Immigration Administration Five Principles of Peaceful Coexistence Panda diplomacy Beijing Consensus China and the United Nations China and the World Trade Organization Shanghai Cooperation Organisation China–Africa relations China–Caribbean relations China–European Union relations China–Pacific relations China–Russia relations China–United States relations
Related topics Administrative divisions Hukou system Family planning Ethnic minorities Communism
China portal Other countries

Unlike most civil law jurisdictions, the PRC does not have a comprehensive civil code, and attempts to create one by the Chinese government have been difficult and controversial. The General Principles include both civil rights and liabilities under civil law, and contains 9 chapters and 156 articles. The chapters deal with the following topics:

Chapter I - Basic Principles

Chapter II - Citizen (Natural Person)

Chapter III - Legal Persons

Chapter IV - Civil Juristic Acts and Agency

Chapter V - Civil Rights

Chapter VI - Civil Liability

Chapter VII - Limitation of Action

Chapter VIII - Application of Law in Civil Relations with Foreigners

Chapter IX - Supplementary Provisions [1]

The main purpose of the law is stated in Article 1,"This Law is formulated in accordance with the Constitution and the actual situation in our country, drawing upon our practical experience in civil activities, for the purpose of protecting the lawful civil rights and interests of citizens and legal persons and correctly adjusting civil relations, so as to meet the needs of the developing socialist modernization." [1]