Draft general provisions of civil law digital currency
Publish: 2021-04-29 14:28:36
1.
It is included in the general provisions of civil law and protected by law
"general principles of civil law":
Article 127 where there are provisions on the protection of data and network virtual property in law, such provisions shall be followed
2.
Point one: the fetus also has civil rights
the draft general provisions of civil law proposed clear protection principles for the interests of the fetus. The draft stipulates that the fetus shall be regarded as having the capacity for civil rights when it comes to the protection of fetal interests such as inheritance and donation. However, if the fetus does not survive at birth, its capacity for civil rights does not exist from the beginning
The current inheritance law of our country stipulates that the share of the fetus should be retained when the estate is divided. If the fetus is dead at birth, the share retained shall be dealt with according to legal succession. This is known as the "special share system", has reflected the protection of fetal rights and interests. With the development of the times, the protection of fetal interests is not limited to indivial cases, more comprehensive protection provisions should be put forward Point 2: can six-year-old children "make soy sauce"the minimum age of a person with limited capacity for civil conct stipulated in the current law of our country is ten years old. The draft reces the lower limit to six years old, stipulating that a minor over six years old but under 18 years old, in order to limit his capacity for civil conct, may independently carry out a purely beneficial civil legal act or a civil legal act appropriate to his age and intelligence
the compilation of civil code should not only emphasize the respect for alts' freedom of decision, but also the respect for minors' nature. This should be reflected in recing the age standard of people with limited capacity for civil conct. With the improvement of modern living standard and ecation level, children's physical and mental development level is also different from that in the past. Now six-year-old children know much more than children of the same age. They have a certain ability to distinguish and judge, and should have the right to carry out some civil legal acts independently, It is concive to better protect the interests of these children
The third aspect: the elderly are expected to be included in the scope of guardianship system When they need to participate in social activities or protect their rights and interests, who can make the decision for them? The answer is their guardian. How to determine the guardian? What are their responsibilities? What kind of person can be a ward? Around these problems, the draft gives a more comprehensive specification The fourth aspect is to make a new classification of legal persons The legal person is the "person" created by law. According to the current general principles of civil law, legal persons are divided into enterprise legal person, organ legal person, institution legal person, social organization legal person, etc. However, with the rapid development of economy and society, great changes have taken place in the form of social organizations. Foundations, private non enterprise units, social service institutions and other new forms of organizations have emerged in large numbers. It is difficult for the current law to fully incorporate them, so it is necessary to make legal adjustments. In this regard, the draft makes a new division of legal persons, namely "for-profit legal person" and "non-profit legal person" The fifth aspect is to add "unincorporated organization" as the civil subject The draft provides for "unincorporated organization" in a special chapter. It is clear that an unincorporated organization is an organization that does not have the legal personality, but can engage in civil activities in its own name according to law. At the same time, the draft also lists "unincorporated organizations", including sole proprietorship enterprises, partnership enterprises, profit-making legal persons or branches established by non-profit legal persons according to law The sixth aspect is to encourage the rescued to make compensation for the injured The draft stipulates that the infringer shall be liable for the damage to himself in order to protect the civil rights and interests of others, and the beneficiary may give appropriate compensation. If there is no infringer, the infringer escapes or is unable to bear the responsibility, and the victim requests compensation, the beneficiary shall give appropriate compensation3. That is to say, if both parties do not say that the limitation of action has expired and is not protected by law, the judge will not tell you, that is autonomy of will. As long as both parties have no opinions, the court will support the judgment. If the defendant finds that the limitation of action has expired after the judgment, and appeals, the court of second instance will not support the judgment of first instance, and it will also maintain the judgment of first instance. This is to learn from the judicial interpretation of the people's Court on the limitation of action system< Article 193 the people's court shall not apply the limitation of action on its own initiative.
4. The draft general provisions of civil law consists of 11 chapters, including 186 articles, including basic principles, natural persons, legal persons, unincorporated organizations, civil rights, civil legal acts, agency, civil liability, limitation of action, period of exclusion, calculation of period and supplementary provisions. The main contents are as follows:
1. Basic principles and rules of law application
basic principles are the basic principles that civil subjects should follow when they engage in civil activities and judicial organs should follow when they carry out civil judicial activities. Based on the general principles of civil law, the draft adapts to the economic and social development and the practical needs of civil activities, enriches and supplements the basic principles:
first, the principle of equality. The draft stipulates that all civil subjects have equal legal status. The principle of equality is a unique principle that distinguishes civil legal relations from administrative legal relations and criminal legal relations, and is also an objective requirement for the development of socialist market economy< The second is the principle of voluntariness. The draft stipulates that when civil subjects engage in civil activities, they should follow the principle of voluntariness and establish, change and terminate civil relations according to their own will. The principle of voluntariness embodies the most basic characteristics of civil activities, and its essence is that civil subjects engage in civil activities according to their own wishes and bear the corresponding legal consequences< The third is the principle of fairness. The draft stipulates that when civil subjects engage in civil activities, they should follow the principle of fairness and reasonably determine the rights and obligations of all parties. The principle of fairness embodies the basic value of civil law in promoting social fairness and justice, and plays an important role in regulating the behavior of civil subjects< The fourth is the principle of good faith. The draft stipulates that civil subjects should follow the principle of good faith when engaging in civil activities. The principle of good faith requires civil subjects to be honest and trustworthy in the process of exercising their rights and performing their obligations. This is of great significance to the construction of an honest society, the standardization of economic order and the guidance of social fashion. At the same time, the draft stipulates that when civil subjects engage in civil activities, they should consciously maintain the security of transactions; We should protect the environment, save resources and promote the harmonious development of man and nature; They should abide by the law, not violate public order and good customs, and not damage the legitimate rights and interests of others; The legitimate personal and property rights and interests of civil subjects shall be protected by law and shall not be infringed by any organization or indivial; While exercising the rights, the civil subject shall perform the obligations stipulated by law or agreed by the parties and bear the corresponding liabilities Articles 3 to 9 of the draft) clearly define the applicable rules of civil law, which is of guiding significance for the correct application of law. The draft makes the following provisions: first, civil disputes should be handled in accordance with the law; If there is no provision in the law, customs may be applied, but public order and good customs shall not be violated (Article 10 of the draft). The civil relationship is very complex. For matters not stipulated in the law, the people's court can handle civil disputes according to commercial practices or folk customs under certain conditions, which is concive to the settlement of disputes. Second, if other laws have special provisions on civil relations, such provisions shall prevail (Article 11 of the draft). In the field of civil and commercial affairs, some laws provide special rules for civil and commercial activities, involving both civil legal relations and administrative legal relations< Second, natural person is an important civil subject engaged in civil activities, which enjoys civil rights and undertakes civil obligations according to law. The draft mainly makes the following supplements and improvements:
first, it adds provisions on the protection of fetal interests. The capacity for civil rights of a natural person begins at birth, but the fetus is not yet born. In principle, the natural person does not have the capacity for civil rights. However, in order to protect the fetus' rights of inheritance and donation, it is necessary to give the fetus certain capacity for civil rights when it is necessary to protect the fetus' interests. Accordingly, the draft makes it clear on the basis of the provisions of the inheritance law that the fetus should be regarded as having the capacity for civil rights when it comes to the protection of the interests of the fetus, such as inheritance and acceptance of gifts. However, if the fetus does not survive at birth, its capacity for civil rights does not exist from the beginning Article 16 of the draft)
secondly, the age standard of minors with limited capacity for civil conct is lowered. The capacity for civil conct of a natural person refers to the qualification of a natural person to independently perform civil legal acts, exercise civil rights and perform civil obligations. The general principles of civil law stipulate that a natural person over 18 years old is a person with full capacity for civil conct, a minor over 10 years old is a person with limited capacity for civil conct, and a minor under 10 years old is a person without capacity for civil conct. The draft reces the minimum age standard for persons with limited capacity for civil conct stipulated in the general principles of the civil law from "ten years old" to "six years old". The main considerations are as follows: with the development of economy and society and the improvement of life and ecation level, the physical and psychological maturity and cognitive ability of minors have been improved, and appropriately recing the age is concive to their age and ability to work In order to protect the legal rights and interests of these minors, we should pay more attention to their independent consciousness. This adjustment is also in line with the provisions of China's Compulsory Ecation Law on compulsory ecation for children over six years old, which is easy to master and implement in practice Thirdly, the guardianship system has been improved. Minors and alts with mental or mental health disorders are persons with limited or no capacity for civil conct. The main function of guardianship system is to make up for the civil capacity of these people. In view of the outstanding problems in the field of guardianship, the draft improves the guardianship system:
1. It is added that parents have the obligation to raise, ecate and protect their minor children, and children have the obligation to support, care and protect their parents who have no or limited capacity for civil conct, so as to emphasize family responsibility, Carry forward the traditional virtues of the Chinese nation (Article 25 of the draft)
2. Expand the scope of the ward. The draft also includes persons with mental retardation and alts who have lost or partially lost their cognitive ability e to diseases and other reasons into the scope of guardians, which is concive to protecting their personal and property rights and interests, coping with the problem of aging population, and better safeguarding the rights and interests of the elderly (articles 20, 21 and 31 of the draft)
3. The scope of guardians has been adjusted. According to the general principles of the civil law, the unit has the ty of guardian. Under the condition of socialist market economy, the relationship between the unit and the employees is mainly labor contract, and the flow of employees is more and more frequent, so the unit lacks the willingness and ability to perform the ty of guardianship. At the same time, with the development of China's public welfare undertakings, there are more social organizations with guardianship will and ability. Taking these organizations as guardians can be a useful supplement to family guardianship and relieve the pressure of national guardianship. The credit and property conditions that these social organizations should have as guardians can be specified by relevant laws. Accordingly, the draft makes it clear that the relevant organizations stipulated by law may act as guardians (Article 29, paragraph 3, and Article 31 of the draft)
4. In view of the fact that guardians often infringe upon the legal rights and interests of minors and other persons under guardianship in practice, the draft stipulates that the people's court may, according to the application, revoke the guardian's qualification and appoint a new guardian according to law, and makes clear provisions on the subject, application and restoration of the guardian's qualification of the lawsuit for revocation of guardianship (Articles 34 and 35 of the draft). In addition, the draft also straightens out the settlement proceres of guardianship disputes, and clearly stipulates that if there is a dispute over guardianship, the parties concerned can also directly bring a lawsuit to the people's Court (Article 29, paragraph 1, of the draft)< Third, legal person system is the basic system of civil law. Perfecting the legal person system is of great significance to comprehensively deepen the reform and promote the development of socialist market economy, which is the key issue in the formulation of the general principles of civil law. According to the general principles of civil law, legal persons are divided into enterprise legal person, organ legal person, institution legal person, social organization legal person, etc. With the development of China's economy and society, new forms of organization continue to appear, and the form of legal person has undergone great changes. The classification of legal person in the general principles of civil law has been difficult to cover some new forms of legal person in practice, and it does not adapt to the direction of social organization reform and development, so it is necessary to adjust and improve. As the legal person is a "person" created by law, there are different views on the classification of legal person. For example, it can be divided into profit-making legal person, non-profit legal person, association legal person, consortium legal person, private legal person, public legal person, etc. The classification of legal person is different in different countries. After repeated comparison, the draft divides legal persons into profit-making legal persons and non-profit legal persons according to the different purposes and functions of the establishment of legal persons. The main considerations are as follows:
first, profit-making and non-profit legal persons can reflect the fundamental differences between legal persons, inheriting the basic idea of classifying enterprises and non enterprises according to the general principles of the civil law, which is more in line with China's legislative practice, The practical significance is more prominent
Second, non-profit legal person is regarded as a kind of legal person, which can cover not only traditional legal person forms such as institution legal person and social organization legal person, but also new legal person forms such as foundation and social service organization, which is in line with China's national conditions
thirdly, to adapt to the requirements of reforming the management system of social organizations and promoting the healthy and orderly development of social organizations, the creation of non-profit legal person category is concive to improving the corporate governance structure of social organizations, strengthening the guidance and standardization of such organizations, and promoting the innovation of social governance. Accordingly, the draft stipulates that a for-profit legal person is a legal person established for the purpose of obtaining profits and distributing them to its shareholders or other investors, mainly including limited liability companies, joint stock limited companies and other enterprise legal persons (Article 73 of the draft); A non-profit legal person is a legal person established for public welfare or other non-profit purposes. A non-profit legal person shall not distribute profits to its members or founders (Article 81, paragraphs 1 and 2 of the draft). For the non-profit legal person of public welfare, the draft specifies the distribution rules of its resial property at the time of termination: it is not allowed to distribute the resial property to its members or founders; The remaining property shall be used for public welfare purposes in accordance with the articles of association or the resolution of the authority; If the case cannot be dealt with in accordance with the articles of association or resolution, the competent authority shall transfer the case to a legal person with the same or similar purposes for the purpose of public welfare, and make a public announcement (Article 81, paragraph 3, of the draft). The draft also makes corresponding provisions on the legal persons of public institutions, social organizations, donors and organs among the non-profit legal persons (articles 82 to 90). It should be noted that the draft only specifies the specific forms of relatively typical legal persons, and other forms of legal persons that exist or may appear in real life can be included as profit-making legal persons or non-profit legal persons according to their characteristics. Accordingly, the draft no longer provides for the contents of joint venture in the general principles of civil law< The general principles of civil law stipulate two types of civil subjects: natural person and legal person. With the development of China's economy and society, a large number of organizations without legal personality, such as sole proprietorship enterprises, partnership enterprises and legal person's branches, are engaged in various civil activities in their own name in practice. The consensus of all parties is that
1. Basic principles and rules of law application
basic principles are the basic principles that civil subjects should follow when they engage in civil activities and judicial organs should follow when they carry out civil judicial activities. Based on the general principles of civil law, the draft adapts to the economic and social development and the practical needs of civil activities, enriches and supplements the basic principles:
first, the principle of equality. The draft stipulates that all civil subjects have equal legal status. The principle of equality is a unique principle that distinguishes civil legal relations from administrative legal relations and criminal legal relations, and is also an objective requirement for the development of socialist market economy< The second is the principle of voluntariness. The draft stipulates that when civil subjects engage in civil activities, they should follow the principle of voluntariness and establish, change and terminate civil relations according to their own will. The principle of voluntariness embodies the most basic characteristics of civil activities, and its essence is that civil subjects engage in civil activities according to their own wishes and bear the corresponding legal consequences< The third is the principle of fairness. The draft stipulates that when civil subjects engage in civil activities, they should follow the principle of fairness and reasonably determine the rights and obligations of all parties. The principle of fairness embodies the basic value of civil law in promoting social fairness and justice, and plays an important role in regulating the behavior of civil subjects< The fourth is the principle of good faith. The draft stipulates that civil subjects should follow the principle of good faith when engaging in civil activities. The principle of good faith requires civil subjects to be honest and trustworthy in the process of exercising their rights and performing their obligations. This is of great significance to the construction of an honest society, the standardization of economic order and the guidance of social fashion. At the same time, the draft stipulates that when civil subjects engage in civil activities, they should consciously maintain the security of transactions; We should protect the environment, save resources and promote the harmonious development of man and nature; They should abide by the law, not violate public order and good customs, and not damage the legitimate rights and interests of others; The legitimate personal and property rights and interests of civil subjects shall be protected by law and shall not be infringed by any organization or indivial; While exercising the rights, the civil subject shall perform the obligations stipulated by law or agreed by the parties and bear the corresponding liabilities Articles 3 to 9 of the draft) clearly define the applicable rules of civil law, which is of guiding significance for the correct application of law. The draft makes the following provisions: first, civil disputes should be handled in accordance with the law; If there is no provision in the law, customs may be applied, but public order and good customs shall not be violated (Article 10 of the draft). The civil relationship is very complex. For matters not stipulated in the law, the people's court can handle civil disputes according to commercial practices or folk customs under certain conditions, which is concive to the settlement of disputes. Second, if other laws have special provisions on civil relations, such provisions shall prevail (Article 11 of the draft). In the field of civil and commercial affairs, some laws provide special rules for civil and commercial activities, involving both civil legal relations and administrative legal relations< Second, natural person is an important civil subject engaged in civil activities, which enjoys civil rights and undertakes civil obligations according to law. The draft mainly makes the following supplements and improvements:
first, it adds provisions on the protection of fetal interests. The capacity for civil rights of a natural person begins at birth, but the fetus is not yet born. In principle, the natural person does not have the capacity for civil rights. However, in order to protect the fetus' rights of inheritance and donation, it is necessary to give the fetus certain capacity for civil rights when it is necessary to protect the fetus' interests. Accordingly, the draft makes it clear on the basis of the provisions of the inheritance law that the fetus should be regarded as having the capacity for civil rights when it comes to the protection of the interests of the fetus, such as inheritance and acceptance of gifts. However, if the fetus does not survive at birth, its capacity for civil rights does not exist from the beginning Article 16 of the draft)
secondly, the age standard of minors with limited capacity for civil conct is lowered. The capacity for civil conct of a natural person refers to the qualification of a natural person to independently perform civil legal acts, exercise civil rights and perform civil obligations. The general principles of civil law stipulate that a natural person over 18 years old is a person with full capacity for civil conct, a minor over 10 years old is a person with limited capacity for civil conct, and a minor under 10 years old is a person without capacity for civil conct. The draft reces the minimum age standard for persons with limited capacity for civil conct stipulated in the general principles of the civil law from "ten years old" to "six years old". The main considerations are as follows: with the development of economy and society and the improvement of life and ecation level, the physical and psychological maturity and cognitive ability of minors have been improved, and appropriately recing the age is concive to their age and ability to work In order to protect the legal rights and interests of these minors, we should pay more attention to their independent consciousness. This adjustment is also in line with the provisions of China's Compulsory Ecation Law on compulsory ecation for children over six years old, which is easy to master and implement in practice Thirdly, the guardianship system has been improved. Minors and alts with mental or mental health disorders are persons with limited or no capacity for civil conct. The main function of guardianship system is to make up for the civil capacity of these people. In view of the outstanding problems in the field of guardianship, the draft improves the guardianship system:
1. It is added that parents have the obligation to raise, ecate and protect their minor children, and children have the obligation to support, care and protect their parents who have no or limited capacity for civil conct, so as to emphasize family responsibility, Carry forward the traditional virtues of the Chinese nation (Article 25 of the draft)
2. Expand the scope of the ward. The draft also includes persons with mental retardation and alts who have lost or partially lost their cognitive ability e to diseases and other reasons into the scope of guardians, which is concive to protecting their personal and property rights and interests, coping with the problem of aging population, and better safeguarding the rights and interests of the elderly (articles 20, 21 and 31 of the draft)
3. The scope of guardians has been adjusted. According to the general principles of the civil law, the unit has the ty of guardian. Under the condition of socialist market economy, the relationship between the unit and the employees is mainly labor contract, and the flow of employees is more and more frequent, so the unit lacks the willingness and ability to perform the ty of guardianship. At the same time, with the development of China's public welfare undertakings, there are more social organizations with guardianship will and ability. Taking these organizations as guardians can be a useful supplement to family guardianship and relieve the pressure of national guardianship. The credit and property conditions that these social organizations should have as guardians can be specified by relevant laws. Accordingly, the draft makes it clear that the relevant organizations stipulated by law may act as guardians (Article 29, paragraph 3, and Article 31 of the draft)
4. In view of the fact that guardians often infringe upon the legal rights and interests of minors and other persons under guardianship in practice, the draft stipulates that the people's court may, according to the application, revoke the guardian's qualification and appoint a new guardian according to law, and makes clear provisions on the subject, application and restoration of the guardian's qualification of the lawsuit for revocation of guardianship (Articles 34 and 35 of the draft). In addition, the draft also straightens out the settlement proceres of guardianship disputes, and clearly stipulates that if there is a dispute over guardianship, the parties concerned can also directly bring a lawsuit to the people's Court (Article 29, paragraph 1, of the draft)< Third, legal person system is the basic system of civil law. Perfecting the legal person system is of great significance to comprehensively deepen the reform and promote the development of socialist market economy, which is the key issue in the formulation of the general principles of civil law. According to the general principles of civil law, legal persons are divided into enterprise legal person, organ legal person, institution legal person, social organization legal person, etc. With the development of China's economy and society, new forms of organization continue to appear, and the form of legal person has undergone great changes. The classification of legal person in the general principles of civil law has been difficult to cover some new forms of legal person in practice, and it does not adapt to the direction of social organization reform and development, so it is necessary to adjust and improve. As the legal person is a "person" created by law, there are different views on the classification of legal person. For example, it can be divided into profit-making legal person, non-profit legal person, association legal person, consortium legal person, private legal person, public legal person, etc. The classification of legal person is different in different countries. After repeated comparison, the draft divides legal persons into profit-making legal persons and non-profit legal persons according to the different purposes and functions of the establishment of legal persons. The main considerations are as follows:
first, profit-making and non-profit legal persons can reflect the fundamental differences between legal persons, inheriting the basic idea of classifying enterprises and non enterprises according to the general principles of the civil law, which is more in line with China's legislative practice, The practical significance is more prominent
Second, non-profit legal person is regarded as a kind of legal person, which can cover not only traditional legal person forms such as institution legal person and social organization legal person, but also new legal person forms such as foundation and social service organization, which is in line with China's national conditions
thirdly, to adapt to the requirements of reforming the management system of social organizations and promoting the healthy and orderly development of social organizations, the creation of non-profit legal person category is concive to improving the corporate governance structure of social organizations, strengthening the guidance and standardization of such organizations, and promoting the innovation of social governance. Accordingly, the draft stipulates that a for-profit legal person is a legal person established for the purpose of obtaining profits and distributing them to its shareholders or other investors, mainly including limited liability companies, joint stock limited companies and other enterprise legal persons (Article 73 of the draft); A non-profit legal person is a legal person established for public welfare or other non-profit purposes. A non-profit legal person shall not distribute profits to its members or founders (Article 81, paragraphs 1 and 2 of the draft). For the non-profit legal person of public welfare, the draft specifies the distribution rules of its resial property at the time of termination: it is not allowed to distribute the resial property to its members or founders; The remaining property shall be used for public welfare purposes in accordance with the articles of association or the resolution of the authority; If the case cannot be dealt with in accordance with the articles of association or resolution, the competent authority shall transfer the case to a legal person with the same or similar purposes for the purpose of public welfare, and make a public announcement (Article 81, paragraph 3, of the draft). The draft also makes corresponding provisions on the legal persons of public institutions, social organizations, donors and organs among the non-profit legal persons (articles 82 to 90). It should be noted that the draft only specifies the specific forms of relatively typical legal persons, and other forms of legal persons that exist or may appear in real life can be included as profit-making legal persons or non-profit legal persons according to their characteristics. Accordingly, the draft no longer provides for the contents of joint venture in the general principles of civil law< The general principles of civil law stipulate two types of civil subjects: natural person and legal person. With the development of China's economy and society, a large number of organizations without legal personality, such as sole proprietorship enterprises, partnership enterprises and legal person's branches, are engaged in various civil activities in their own name in practice. The consensus of all parties is that
5.
added the natural person subject
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added the provisions of protecting the interests of the fetus
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lowered the age standard of minors with limited capacity for civil conct
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improved the guardianship system
6.
1. At the press conference, Shi Hong, deputy director of the civil law office of the law working committee of the Standing Committee of the National People's Congress, pointed out in response that the task of compiling the civil code is to systematically integrate the existing civil legal norms, compile a civil code that meets the requirements of the development of socialism with Chinese characteristics, conforms to China's national conditions and reality, has Chinese characteristics, embodies the spirit of the times, and has consistent contents A well structured and scientific code
The compilation of civil code is not to make a new civil law, but to scientifically sort out the existing civil legal norms; It is not a simple compilation of laws, but a necessary revision and improvement of the provisions that are no longer suitable for the actual situation, and targeted new provisions for new situations and problems in social and economic life Civil law, as an important part of the socialist legal system with Chinese characteristics, is the basic and comprehensive law in the field of civil law, which is known as the network book of social life. It regulates personal relations and property relations, involves all aspects of social and economic life, and is closely related to every civil subject. The reporter learned at the press conference, The civil code will be composed of general provisions and sub provisions (currently considered to be divided into property provisions, contract provisions, tort liability provisions, marriage and family provisions and succession provisions). With the consent of the Party Central Committee, the compilation work will be carried out in accordance with the idea of "two steps"4. Compiling the general provisions of the civil code, that is, the draft of the general provisions of the civil code submitted to this meeting for deliberation, is to be submitted to the Standing Committee of the National People's Congress for deliberation as a whole in 2018. After the deliberation by the Standing Committee of the National People's Congress in stages, the civil code will be divided into one part and submitted to the National People's Congress for deliberation and approval in March 2020, so as to form a unified civil code. According to the schele and quality requirements, the specific work arrangement can be adjusted as necessary
7. The general provisions of the civil law of the people's Republic of China (Draft) is not a law, but a draft law. However, the general provisions of the civil law of the people's Republic of China was adopted at the fifth session of the 12th National People's Congress on March 15, 2017, and will come into force as of October 1, 2017.
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