ABSTRACT
China has launched a new round of civil law codification, including the General Provisions of the Civil Law, which took effect on 1 October 2017 and are expected to be integrated into its new Civil Code. Civil codification is one of the most important law projects in Xi Jinping’s new era. The CCP’s political will is firmly guiding the current round of civil law codification so as to promote China’s social transition under its leadership. The civil law codification is a pivotal step during the age of China’s domestic reforms and is designed to foster in Chinese society the ability to self-govern without radically changing state–society relations or the current power structure. As a political ‘must do’, it also aims to strengthen China’s soft power and to enhance the CCP’s ruling legitimacy. The current civil codification is driven by China’s domestic reform policy guided by incrementalism. It also embodies the Western-style approach while carrying forward socialist values. As the logical extension of China’s reform and opening-up policy, to revitalise Chinese civil society through a robust civil law system that nurtures autonomy of will and provides impartial legal status, strong protection of civil rights and human dignity, and sufficient remedies for infringement seems to be an axiomatic premise for realizing the ambitions of the new Civil Code.
