On June 14, 2020, the third lecture of Civil Code Forum of Wuhan University, hosted by Wuhan University School of Law, was held.

Prof. Meng Qinguo, vice president of the Institute of Civil Law of China Law Society, gave the lecture on the theme of “The Era and Chinese Characteristics of the Civil Code”. The lecture was chaired by Prof. Qin Qianhong of Wuhan University School of Law.

Prof. Qin led out the relationship between the Constitutional Law and the Civil Code from his own research field, pointed out the important historical value of the Civil Code, introduced Prof. Meng’s academic thought and academic achievements, and praised Prof. Meng for his outstanding contribution to the study of property law.

Prof. Meng thanked Prof. Qin for hosting the lecture, and expressed his point from the history and real value, era characteristics and Chinese characteristics of the Real Rights of Civil Code.

First of all, Prof. Meng said that Real rights of the civil code has important historical and realistic values for three reasons: the first is that the compilation of real rights have more mature extraterritorial legislative experience; the second is the compilation of real rights is formed by the actual situation of Chinese society; the third is that the compilation of real rights is derived from the property law, which is the model of democratic legislation and scientific legislation in Chinese civil legislation.

Secondly, Prof. Meng held that the design of the rules of the Civil Code reflects the needs of China social modernization. This is mainly manifested in: First, the modernization of regulating object by treating the use and ownership of items equally(Article 205). Second, the modernization of the object of real rights. Prof. Meng believes that the property should be understood as a property interest that can be directly arranged (Articles 127, 386, 394, 425, 440, 447). Third, the modernization of usufructuary right. The real rights compilation brings movable property into the scope of usufructuary right (Article 323), and explicitly defines the use of natural resources as usufructuary right (Articles 324, 328, 329). Fourth, the modernization of security interest. The range of secured contract not only includes mortgage contract and pledge contract, but also other contracts with security functions (Article 388).

Finally, Prof. Meng held that real right of Civil Code show Chinese characteristics. This is mainly manifested in: First, China has set up three forms of ownership of state ownership, collective ownership and private ownership, and has clarified the equal protection of ownership rights of different subjects (Articles 113 , 207); second, the Civil Code has added the concept of land management rights, responding to China’s land policy and social life needs (Article 340 of the Civil Code); Third, the Civil Code incorporates the residence right into the field of property rights and establishes the right by registration (Articles 366-371). Fourth, more emphasis is placed on protecting the interests of farmers in the expropriation activities(Article 243, paragraph 2), etc.

Prof. Qin made a profound summary of Prof. Meng’s lecture, and further put forward the legislative system and form of the Civil Code to provide new space for other departments’ laws.

Prof. Qin once again thanked Prof. Meng for his wonderful speech, 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