Instructions for the Preparation of the Scholar’s Proposal in the “Legal Behavior” Chapter of the “Civil Code General Provisions”

This article is a legislative suggestion made by the author directly to the Legislative Affairs Committee of the Standing Committee of the National People’s Congress as a representative of the National People’s Congress. According to the legislation of NPC deputies in China, it is one of their functions and powers to make legislative suggestions to the legislature. The legal behavior system is a basic and core system of civil law under the market economy system. The problem to be solved is how to analyze and judge the establishment, modification and abolition of the relationship between civil rights and obligations. The key is how to analyze and judge these changes in light of civil rights, which is the most basic basis for legal recognition and protection. In the history of legal development, the judgments of God or other gods or the instructions of monarchs and nobles are the basis for changes in the relationship between civil rights and obligations. Since modern times, in line with the principle of autonomy of will in the constitution, civil law-in accordance with the requirements of the humanist revolution and the theory of expression of will-takes the subject of civil rights, including the true will of ordinary people, as the legal basis for enjoying rights or undertaking obligations in a legal system of conduct. The emergence of the legal behavior system has epoch-making significance in the history of legal development. Since this change has come about, civil subjects, including ordinary people, are no longer seen as slaves of gods or monarchs. As subjects, they can decide their rights and obligations according to their own wishes. Civil law has also become a modern law. However, to meet the needs of the planned economic system in Soviet civil law, the Soviets have abolished the core point of the concept of legal behavior, which is the expression of the parties’ will, and they have defined legal behavior as the behavior of civil subjects to implement legal provisions, thereby emphasizing that civil subjects must obey the law; otherwise, their behavior is not recognized or protected. The revision of this core nature of Soviet law has in fact completely tampered with the core of the theory and system of legal behavior, causing a major setback in the moral and ethical foundation of civil law. In the 1950s, China’s civil law was introduced into Soviet jurisprudence, after which it was regarded as the standard, even if it was changed.