THE LEGISLATIVE PROCEDURE OF COMPILING CIVIL CODE IN A “MODE OF CODIFYING NON-BASIC LAWS”

Abstract

Since the assembly of civil laws is different from the compilation of a civil code, a substantial codification is a necessary legislative process to establish basic civil law under the framework of the Constitution. Unless a civil code is compiled in a timely manner, problems will arise; therefore, it is necessary to compile a civil code in a substantial way as soon as possible. Despite the magnitude of resources accumulated in the process of the fourth attempt to draft a civil code, the Legislature is still faced with three major difficulties: lack of political motivation, limited deliberation capacity, and a legislative scheme that conforms to the Constitution. Pragmatically, it is suggested that a mode of codifying non-basic laws be followed in four steps: establishing an Expert Committee for Compiling Civil Code, enacting a Legislation Scheme for Civil Laws by the Standing Committee of the National People's Congress, drafting a Codification Scheme for Civil Code, and enacting a Codification Scheme for Civil Code by the National People's Congress. These measures will guarantee that a civil code can be enacted in a constitutional way. Before the Legislature decide to compile a civil code, the civil law academic community may start investigation into civil customs through various channels. The ultimate goal of such investigation would be to develop a new mode of drafting civil code through integrating civil laws from different jurisdictions.