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焦点访谈|民法典五年实践,守护民生温度
Yang Shi Wang· 2026-01-10 13:42
无锡市中级人民法院民事审判第一庭法官吴晓东:"当时案涉的电梯所在位置下面是一个围栏,电梯还没有装。起诉主要是104这一方,他们认为电梯装起来 以后对他们的通风采光有一定影响。" 案情并不复杂,小区里住在这一侧的高层业主在得到单元所有业主同意后,希望在楼栋边加装电梯;但对面居民楼的部分业主认为加装电梯后会影响到他们 的采光权和通风权,矛盾一直僵持着。 这种情况不只在无锡,在全国很多城市,老旧小区加装电梯的需求越来越普遍,可矛盾也由此产生,大多是高层居民有出行需求,但低层或相邻的居民担心 采光和通风,或者公摊面积的使用等会受到影响。 对于这类矛盾的处理,之前民法通则和物权法中都有相关的法律条文。2021年正式实施的民法典对这些内容进行了调整,将改建、重建建筑物及其附属设施 需要表决通过的业主人数,由原来的双三分之二降为过半数即可。 央视网消息(焦点访谈):2026年1月1日,是《中华人民共和国民法典》正式实施五周年。民法典是新中国成立以来第一部以法典命名的法律,它对我国制 定于不同时期的民法通则、物权法、合同法、担保法、婚姻法等,以及人格权方面的民事法律规范进行了全面系统的编订纂修,被称作"社会生活的百科全 书" ...
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
Xin Lang Cai Jing· 2026-01-02 17:26
王利明 □2025年是民法典实施的第五年。广大民法学者以习近平法治思想为指导,面向市场经济、面向科技发 展、面向司法实践,提出了许多富有建设性的学术观点,有力推动了中国民法学自主知识体系的构建, 为全面有效实施民法典提供理论支撑。 □民法典颁布后,我国民法学研究从立法论时代迈向解释论时代,法学方法论研究的重要性日益凸显, 并成为民法学研究的重要课题。中国应构建自主的法释义学体系,以服务于立法与司法实践。 □"十五五"规划建议强调,"坚持和落实'两个毫不动摇',促进各种所有制经济优势互补、共同发 展。""依法保障人身权、财产权、人格权,健全规范涉企执法长效机制,防止和纠正违规异地执法、趋 利性执法。"这必将为民法典的全面有效实施和民法的发展、完善提出新的要求,注入新的动力。 2025年是民法典实施的第五年。在过去一年中,民法典实施中出现的新情况、新问题急需回应,大数 据、人工智能的发展迫切需要依法治理,高水平市场经济体制的构建需要法治充分保障。广大民法学者 以习近平法治思想为指导,面向市场经济、面向科技发展、面向司法实践,提出了许多富有建设性的学 术观点,有力推动了中国民法学自主知识体系的构建,为全面有效实施民 ...
社区开展《民法典》专题讲座,让法律走近居民生活
Xin Lang Cai Jing· 2025-12-27 05:19
互动环节,居民们踊跃举手提问,"子女不尽赡养义务该怎么办""楼上漏水损坏家具找谁索赔""网购到 假货如何维权"等问题接连抛出,律师耐心逐一解答,给出具体解决途径和法律依据,让居民带着疑问 来、揣着答案走。现场居民纷纷表示,讲座内容接地气、实用性强,既学到了法律知识,又掌握了维权 方法,解决了很多平时搞不懂的法律难题。 下一步,佳安社区将持续聚焦居民需求,依托网格员与社工力量,开展更多形式多样的普法宣传和便民 服务活动,把法治服务送到家门口,不断提升辖区居民的安全感、幸福感和获得感,筑牢社区和谐稳定 的法治根基。 通讯员 陆嘉怡 扬子晚报/紫牛新闻记者 周晓青 转自:扬子晚报 为进一步提升居民法律意识,让《民法典》融入日常生活,保障群众合法权益,近日,苏州市姑苏区沧 浪街道佳安社区联合网格员志愿者、区人社局特邀专业律师开展"生活中的民法典"普法宣传讲座,让法 律知识真正走到居民身边、走进群众心里。 活动前期,社区提前收集居民日常遇到的法律困惑,梳理出邻里纠纷、财产继承、婚姻家庭、消费维权 【下载黑猫投诉客户端】等高频问题,确保讲座内容贴合居民需求。讲座现场,社工为居民发放《民法 典》宣传手册,律师结合多年执业经 ...
交通银行深圳分行深入推进民法典学习宣传,助力营造良好法治环境
Zheng Quan Shi Bao· 2025-11-12 18:31
Core Viewpoint - The Bank of Communications Shenzhen Branch is actively promoting legal education and compliance through innovative initiatives, focusing on the implementation of the Civil Code and enhancing the legal environment for business operations [1][2][4]. Group 1: Legal Education Initiatives - The bank is implementing a special action plan to integrate the Civil Code into enterprises, parks, and factories, providing accessible legal guidance through knowledge handbooks and interactive sessions [2]. - A series of videos and themed comics have been created to broaden the outreach of the Civil Code, emphasizing its principles such as equality, voluntariness, fairness, and integrity [3]. Group 2: Employee Training and Development - The bank places significant importance on the legal education of its employees, organizing lectures by renowned professors and ensuring that legal concepts are deeply understood and integrated into daily operations [4]. - Future plans include continuous innovation in legal education methods and expanding outreach to support high-quality economic and social development [4].
法治的根基在人民——写在全民普法40年之际
Ren Min Ri Bao· 2025-11-04 00:31
Core Points - The implementation of the "Law Popularization Education Law" on November 1 marks a significant step in promoting legal awareness among the populace, embedding "Xi Jinping's Thought on the Rule of Law" into national legislation [1] - The law aims to strengthen the foundation of a law-based society in China, encouraging citizens to respect and adhere to the law, thereby facilitating the modernization of the country [2][4] - The history of legal education in China, initiated in the 1980s, has evolved into a nationwide effort that emphasizes the importance of legal knowledge for social stability and governance [6][8] Group 1: Legal Framework and Historical Context - The new law is a foundational piece for nationwide legal education, reinforcing the authority of the constitution and laws in society [1] - Since 1985, China has systematically promoted legal knowledge among its citizens, with eight five-year plans established to guide this effort [6] - The concept of "legal awareness" has been integrated into community governance, with initiatives like the "legal person" program in rural areas enhancing local legal literacy [7][8] Group 2: Societal Impact and Participation - The law aims to cultivate a culture where citizens actively engage with the legal system, making law adherence a common pursuit [8][19] - The establishment of over 420,000 "legal persons" across administrative villages demonstrates the extensive reach of legal education initiatives [7] - The integration of legal education into various societal sectors, including culture and sports, has increased public engagement and awareness [22][23] Group 3: Future Directions and Innovations - The focus on innovative methods for legal education, such as utilizing new media and technology, is crucial for meeting the evolving needs of the populace [23] - The law emphasizes the importance of community involvement and collaboration in promoting legal awareness, moving from government-led initiatives to broader societal participation [21] - The ongoing commitment to enhancing legal education is seen as vital for building a higher level of socialist rule of law in China [24]
广东首个县级助力城乡区域协调高质量发展法律服务工作站在清远连山揭牌
Nan Fang Nong Cun Bao· 2025-06-09 14:30
Core Viewpoint - The establishment of the first county-level legal service station in Lianshan, Qingyuan, aims to support high-quality urban-rural coordinated development through legal services, enhancing the business environment and promoting the "Hundred Thousand Ten Thousand Project" [11][12][15]. Group 1: Legal Service Station Establishment - The legal service station in Lianshan is a significant outcome of the "Legal Service Qingyuan Action," aimed at providing quality legal resources to grassroots levels [11][12][13]. - This initiative is part of the provincial federation's efforts to strengthen the legal support for private enterprises and improve the business environment in Lianshan [14][15][18]. Group 2: Event Details and Participation - The event included a ceremony for the unveiling of the legal service station, attended by key officials from the provincial and local governments, highlighting the importance of legal services in supporting local enterprises [5][6][9]. - Approximately 120 participants attended the main venue, with over 100,000 people engaging through online platforms, indicating a strong interest in legal support for businesses [49][50]. Group 3: Legal Education and Support - The event featured a lecture on the Civil Code and the Private Economy Promotion Law, aimed at helping entrepreneurs understand and apply legal frameworks effectively [40][41][42]. - Legal consultation services were provided to local enterprises, enhancing their ability to mitigate legal risks [44][45].
天津局开展“民法典进企业”专题活动
Zhong Guo Zi Ran Zi Yuan Bao· 2025-06-06 01:45
Group 1 - The Tianjin Municipal Planning and Natural Resources Bureau organized an event focusing on the "Civil Code into Enterprises" initiative, aimed at promoting fair competition and optimizing the financing and investment environment for private enterprises [1][2] - Legal advisors provided a comprehensive explanation of the key contents of the Private Economy Promotion Law, emphasizing its importance in protecting the legitimate rights and interests of private enterprises [1][2] - The event included a systematic review of the drafting process, historical significance, and core values of the Civil Code, transforming abstract legal provisions into practical guidelines for business operations [1] Group 2 - Representatives from Tianjin Chuangye Environmental Protection Group, Tianjin Jiutian Qixin Technology Co., and Tianjin Changhe Measurement and Control Technology Co. raised inquiries regarding real estate registration and the implementation of the Private Economy Promotion Law [1] - The Tianjin Bureau's legal department aims to create a favorable legal environment for business development by aligning legal services with enterprise needs, as part of the government's initiative to optimize the business environment [2] - Future plans include ongoing legal services related to land policy, with a focus on understanding enterprise needs and providing targeted, high-quality legal consulting services [2]
拒开发票?小心踩了民法典的“雷”!
蓝色柳林财税室· 2025-05-31 00:53
Core Viewpoint - The article emphasizes the importance of issuing invoices in business transactions and the legal implications of failing to do so, highlighting consumer rights and the responsibilities of businesses under the law [7][8]. Summary by Relevant Sections Invoice Issuance Regulations - According to the "Invoice Management Measures of the People's Republic of China," businesses are required to issue invoices for sales and services, with specific provisions for penalties if invoices are not issued [8]. - The law states that failure to issue an invoice can result in fines of up to 10,000 yuan, and any illegal gains may be confiscated [8]. Consumer Rights - Consumers have the right to request invoices and can demand compliance from businesses that fail to issue them, reinforcing the principle of good faith in business operations [7]. - The article illustrates a scenario where a consumer insists on their rights regarding invoice issuance and product exchanges, showcasing the legal backing for such claims [6][7]. Business Compliance - Businesses are urged to comply with tax regulations and maintain proper invoicing practices to avoid penalties and protect their credit records [7][8]. - The article mentions a case where a business agreed to issue invoices after being informed of the legal requirements, indicating a shift towards better compliance [7].
【民法典宣传月】民法典与税务:守护美好生活
蓝色柳林财税室· 2025-05-31 00:53
Core Viewpoint - The article emphasizes the importance of understanding the Civil Code and tax laws through practical cases, aiming to enhance public awareness and knowledge about legal rights and tax obligations [1]. Group 1: Lease Contracts and Tax Issues - The validity of a lease contract remains intact even if the property is sold during the lease period, as per Article 725 of the Civil Code [2]. - Landlords are required to pay taxes on rental income, including value-added tax and personal income tax [2]. Group 2: Tax Responsibilities in Contracts - Tax responsibilities in contracts should be clearly defined; if not specified, each party is responsible for their own tax obligations as per Articles 510 and 511 of the Civil Code [3]. - Legal tax obligations cannot be altered by contract agreements, meaning sellers must still pay personal income tax even if the buyer agrees to cover it [3]. Group 3: Business Operations and Legal Compliance - Businesses should clearly outline contract terms to avoid disputes that could lead to tax risks, particularly regarding payment methods and timelines [4]. - Understanding the Civil Code's provisions related to business operations, contract signing, and property rights is crucial for compliance and risk management [4]. Group 4: Tax Awareness and Legal Education - Individuals and businesses are encouraged to enhance their legal awareness and knowledge of tax laws, seeking guidance from tax authorities when needed [5]. - A collaborative effort is needed to foster a sound legal environment and tax order, promoting compliance and protection of legal rights [5].
【民法典宣传月】民法典“税税”念:《民法典》中的2个涉税要点,务必知晓!
蓝色柳林财税室· 2025-05-31 00:53
Core Viewpoint - The article emphasizes the importance of understanding the relationship between the Civil Code and tax responsibilities, highlighting key provisions that affect tax obligations in daily life [3]. Group 1: Civil Code Provisions Related to Tax - Article 43 of the Civil Code states that property custodians must manage the property of missing persons properly, including paying any taxes or debts from the missing person's assets [5]. - Article 323 grants usufructuaries rights to possess, use, and benefit from another's property, which may have tax implications [5]. - Article 458 outlines that rights and responsibilities related to property usage and income are governed by contract terms, which can influence tax liabilities [5]. Group 2: Tax Law Overview - The Interim Regulations on Property Tax specify that property tax is to be paid by the property owner, and if the owner is not present, the property custodian or user is responsible for payment [6]. - The explanation of specific issues regarding land use tax indicates that the tax is to be paid by the holder of land use rights, with similar provisions for custodians or actual users if the rights holder is absent [6]. - Article 50 of the Tax Collection and Administration Law allows tax authorities to exercise rights to recover unpaid taxes if the taxpayer neglects their rights or transfers property without compensation, impacting tax collection efforts [8].