On the Constitutionality of Compiling a Civil Code of China

1. Front Matter

   Pages i-xxv

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2. Political Analysis on the Compilation of Civil Code

   1. Front Matter

      Pages 1-1

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   2. Necessity of Substantially Compiling the Civil Code as Soon as Possible

      • Zhu Wang

      Pages 3-12

   3. Awareness of Constitutionality in the Compilation of Civil Code

      • Zhu Wang

      Pages 13-23

   4. Pragmatic Thinking for the Compilation of Civil Code

      • Zhu Wang

      Pages 25-32

3. Consideration of the Constitutionality in the Compilation of Civil Code

   1. Front Matter

      Pages 33-33

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   2. Object of Constitutionality Judgment—Taking “Unconstitutional Event” in Drafting of the Real Rights Law as an Example

      • Zhu Wang

      Pages 35-58

   3. Constitutionality of Legal Interpretation—Taking Interpretation of Article 166 and 167 of the Real Rights Law as an Example

      • Zhu Wang

      Pages 59-73

   4. Constitutionality of Legislative Procedure—Taking Constitutionality Interpretation for Legislative Procedure of the Tort Liability Law as an Example

      • Zhu Wang

      Pages 75-81

   5. Constitutionality of Legal Application—Taking the Determination and Legislative Prospect of Essential Tort Law as an Example

      • Zhu Wang

      Pages 83-117

4. Road Map for Compilation of Civil Code Under Pragmatic Thinking

   1. Front Matter

      Pages 119-119

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   2. Design of Legislative Procedure for Compilation of Civil Code Under “Non-basic Law Codification Mode”

      • Zhu Wang

      Pages 121-137

   3. Analysis on the Orientation of the Compilation of the General Provisions of Civil Law and Comment on Its Contents

      • Zhu Wang

      Pages 139-178

   4. Big Data Analysis on Deletion or Retention of Several Legal Norms in the General Provisions of Civil Law

      • Zhu Wang

      Pages 179-206

   5. View on Formal Compilation Techniques for Articles of Civil Code from the General Provisions of Civil Law

      • Zhu Wang

      Pages 207-222

   6. Setting of Chapter “Obligation and Liabilities” in the General Provisions Volume of Civil Code for Providing the System “General Provisions of Obligation Law”

      • Zhu Wang

      Pages 223-245

   7. Compiling Background and Structural Adjustment of the Tort Liabilities Volume of Civil Code

      • Zhu Wang

      Pages 247-272

5. Extensive Discussion on the Compilation of Civil Code

   1. Front Matter

      Pages 273-273

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   2. Legal Background for the Compilation of Civil Code—How Many Currently Valid Laws Are There in China?

      • Zhu Wang

      Pages 275-295

   3. Supporting Works for the Compilation of Civil Code

      • Zhu Wang

      Pages 297-301

This book explains the urgent necessity to compile a Civil Code and calls for constitutional awareness in compiling that Civil Code, highlighting the need for it to be done in a democratic and scientific manner. It advocates “Pragmatic Methods” as a new approach to compiling a Civil Code of China and shares the author’s thoughts on the constitutionality of compiling a Civil Code, explains the object that is to be judged in terms of its constitutionality, and the constitutionality of legal interpretation, of legislative procedures and of legal application. The book also illustrates the author’s “mode of the codifying of non-basic laws” for compiling a Civil Code, and includes a detailed discussion on compiling a Civil Code to reveal how many valid laws there are China – a matter that is of vital importance to the compilation of the Civil Code.The Appendix includes statistics on the number of civil cases classified according to causes of actions, based on “Judicial Opinions of China” website, which is the first step of the author’s plan to investigate civil customs reflected in judgment documents with the help of big-data analytical methods.

• Civil Code of China
• Legislative procedure
• Codifying non-basic laws
• Pragmatic methods
• Constitutionality
• Compilation of civil code
• Tort liability law
• Political motivation
• Deliberation capacity
• Legislative scheme

• Law School, Sichuan University, Chengdu, China

  Zhu Wang

Zhu Wang, LLD., Professor of Law and Director of Institute for Market Economy and Big Data on Rule of Law of Sichuan University; Director of Institute for Big Data on Rule of Law of Research Center of Civil and Commercial Jurisprudence of Renmin University of China; General Secretary of Executive Committee of The World Tort Law Society.
Email: wangzhu@scu.edu.cn

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