China: National People’s Congress Voted to Pass China’s First Civil Code
China’s first Civil Code was voted to pass during the third session of the 13th National People’s Congress on 28 May 2020. The Civil Code has been the first codified statute in the history of the PRC, which is expected to further refine the Chinese legal system and the rules of conduct in the civil and commercial fields of China. By compiling together civil laws and regulations scattered among different legal documents, the Civil Code is comprised of 7 parts, i.e. general and supplemental provisions, property rights, contracts, personality rights, marriage and family, inheritance and tort liabilities. Although the PRC employment laws and regulations, fall under the categories of economic or social law, and are not included in the Civil Code, certain new rules prescribed by the Civil Code will have implications on employment regulations in certain respects, such as the employer’s use of employees’ personal data as well as on matters of sexual harassment in workplace. To better ensure implementation of the Civil Code, the PRC Supreme People’s Court has also announced its plan for this year, to formulate judicial interpretations about the Civil Code. The Civil Code will start to take effect as from 1 January 2021.