On June 20, 2020, the fifth lecture of Civil Code Forum of Wuhan University, hosted by Wuhan University School of Law, was held.

Prof. Shen Weixing, Dean of School of law, Tsinghua University, executive director of China Law Society, executive director of the Institute of Civil Law of China Law Society and vice president of China Law Education Research Association, gave the fifth lecture on the theme of “The right way to open the Chinese Civil Code”. The lecture was moderated by Prof. Feng Guo, Dean of Wuhan University Law School.

Dean Feng introduced Prof. Shen’s academic achievements in the field of civil and commercial law. Prof. Shen pays attention to the response of the Civil Code to modern problems, and has his own unique views on new legal issues.

Prof. Shen expressed his gratitude for the invitation of Wuhan University School of Law, and on the theme of “The Right Way to Open the Chinese Civil Code”, he made an explanation from the historical origin, social function and the interpretation of the Civil Code.

First of all, Prof. Shen introduced the history of the Civil Code. The tradition of legal system, economic policy and economic model in ancient China caused the lack of civil law. Since the founding of PRC, the development of market economy and the political importance have laid a good economic foundation and political foundation for the birth of the Civil Code.

Secondly, Prof. Shen expounded the social function of the Civil Code from four aspects. First, the Civil Code is the basic law of the socialist market economy. Market economy is the economy under rule of law, civil law and market economy complement each other. Second, the Civil Code is the law of human development. The principle of prohibition of abuse of rights and public order in civil law is produced with the development of human beings, and people grow up through the exercise of their rights. Third, the Civil Code is the law of social progress. As an encyclopedia of social life, the Civil Code is the product of social progress. Fourth, the Civil Code is the law of the country governed by the rule of law. The Civil Code laid the foundation for perfecting the governance system, improving the level of governance and building a country governed by law.

Finally, Prof. Shen focused on three dimensions of the interpretation of the Civil Code. First, the Civil Code is based on the concept of “people-oriented”. According to the needs of human, the Civil Code includes general rules, property rights, contracts, personality rights, marriage and family, inheritance and tort liability seven parts. Second, the Civil Code takes rights as the framework. With “Right” as the programmatic concept, the Civil Code presents the model of “1+（5+1）”. The first “1” means general rules, “5” means five distributions by different rights. The last “1” means compilation of tort liability with rights protection as the main content. Third, the Civil Code has a dual system. The dual system of Civil Code includes the external system and the internal system, the former includes the basic concept, the specific norm, the whole system and its interrelation, the latter includes the basic principles, the underlying value, the fundamental idea and its interrelation.

Dean Feng gave a summary of this lecture, he said that Prof. Shen’s explanation gave us a deeper understanding of the issue “why the Civil Code is a code”. As Prof. Shen said, the Civil Code is the law of market economy, human development and social progress, should be presented in the form of “code”.

Den Feng once again expressed his sincere gratitude to Prof. Shen’s wonderful speech and the support provided by the Law Branch of the Beijing Alumni Association of Wuhan University. The lecture was concluded with warm applause from all the teachers and students.

The Civil Code is the grand code of running the country well and giving the people peace and security. Wuhan University School of Law is committed to publicizing the popularization of the Civil Code, and promoting the implementation of the great strategy of comprehensive rule of law in depth.

Edited by Yuan Yuhang & Wu Liuqing