The General Rules of Civil Law (Draft), which has received great attention from every sector of the Chinese legal industry, has been submitted to the NPC Standing Committee for a third review. The compilation of China’s Civil Code has been delayed through years of stagnation. The latest draft, if approved and published through legislative procedures, will represent “another fundamental body of legislation under the Constitution.” The third draft features the following major differences from the second draft:
1)”Good Samaritan” protection
Addition of an exemption clause for emergency rescues: Absent gross negligence, a rescuer can be exempted from civil liability for harm suffered by the rescued party that arises from emergency rescue measures.
2)Enhanced protection of juveniles and the vulnerable elderly
The Civil Administration Department prioritizes guardianship duties: In the absence of a qualified guardian, the guardianship duty may be assumed by the Civil Administration Department or by an eligible local neighborhood committee/villager’s committee at the place of residence of the ward.
3)Regulations for reinstatement of guardianship
A guardian who is disqualified for committing an intentional crime against a juvenile cannot be reinstated. If the guardian parents or children of the ward have their guardianship revoked by the People’s Court show true repentance, the guardian may file a reinstatement application with the People’s Court, which may choose to reinstate the guardian as long as the intentions of the ward are respected. The opportunity for reinstatement is not available to a former guardian who committed an intentional offense against the ward.
4)Protection of the rights and interests of owners of real or personal property that has been expropriated or acquired.
The owner of real or personal property that is legally expropriated or acquired for public benefit must be compensated in a reasonable and fair manner.
5)Facilitation of grassroots governance and economic development
Village Committees and Neighborhood Committees are categorized as “special legal persons”. Likewise, government agency legal persons, organizational legal persons of rural collectives, cooperative economic organization legal persons and autonomous grassroots legal persons are all designated special legal persons.
Via: The Supreme People’s Court. Original article The Third Review of the Draft General Rules of Civil Law: How Our Daily Life is Impacted