以中国民法学自主知识体系构建保障民法典全面有效实施

Core Insights - The implementation of the Civil Code in 2025 marks a significant milestone, with scholars proposing constructive academic viewpoints to support its effective execution and the development of civil law in China [2][3][23] Group 1: Theoretical Research on General Principles - The transition from legislative theory to interpretative theory in civil law research highlights the importance of legal methodology, emphasizing the need for a self-sufficient legal interpretative system to serve legislative and judicial practices [3][22] - Scholars suggest that the principle of non-retroactivity should be upheld in the application of new laws, with exceptions strictly regulated to ensure legal stability and fill gaps in existing laws [3][4] Group 2: Corporate and Non-Profit Legal Structures - The classification of profit-making and non-profit legal entities reflects unique Chinese elements, with proposals to recognize and regulate "public welfare profit-making entities" to enhance efficiency in public welfare sectors [4][5] - The legal framework for rural collective economic organizations is characterized by specific attributes regarding membership, property, governance, and continuity, which require tailored legal norms [4] Group 3: Data and Virtual Property Rights - The Civil Code recognizes data and virtual property as legal assets, with scholars advocating for separate legislation to protect data property rights and address the unique characteristics of virtual property [5][6] - The establishment of a unified data property registration system is deemed essential for the development of a comprehensive data property rights framework [7] Group 4: Property Rights and Land Reform - The Civil Code's provisions on property rights support rural land system reforms, emphasizing the need to enhance farmers' property rights and facilitate the flow of resources between urban and rural areas [6] - Scholars argue for the synchronization of land use rights reform with property rights to ensure effective resource allocation and protection of farmers' rights [6] Group 5: Contract Law and Liability - The Civil Code's contract section innovatively functions as a de facto general debt law, addressing the need for a coherent legal framework in contract disputes [8][11] - The principle of compensation for breach of contract aims to restore the non-breaching party to their original position, balancing interests through predictable compensation limits [8][10] Group 6: Personality Rights and New Technologies - The independent chapter on personality rights in the Civil Code provides a framework for protecting individual rights in the context of emerging technologies, emphasizing the need for robust personal information protection [12][13] - Scholars highlight the importance of adapting legal protections to address new risks associated with advancements in technology, such as brain-computer interfaces [13][14] Group 7: Family Law and Property Distribution - Recent judicial interpretations in family law address common issues such as property distribution and the implications of financial contributions from parents to children's marriages [14][15] - The legal treatment of divorce agreements is complex, requiring careful consideration of both personal and property aspects within the framework of contract law [16] Group 8: Inheritance Law - The dual function of the代位继承制度 (substitutional inheritance system) allows for a broader interpretation of inheritance rights, accommodating the wishes of the deceased [17] - Ongoing debates regarding the effectiveness of bequests highlight the need for further research to clarify the relationship between property rights and inheritance law [17] Group 9: Tort Liability and Emerging Challenges - The rise of generative artificial intelligence presents challenges for tort law, with calls for a shift from strict liability to fault-based liability for service providers [18][19] - The responsibilities of property management companies in ensuring safety against falling objects are emphasized, with a clear distinction between direct and supplementary liability [19][20] Group 10: Mental and Emotional Damages - The introduction of a dual liability system for mental and emotional damages marks a significant advancement in the protection of personality rights, aligning with global trends [21] - Scholars propose a structured approach to defining "serious mental damage" to enhance the operability of legal standards in this area [21]