Chinese Civil Law for Business by Zhang Xiaoyang

By Zhang Xiaoyang

This booklet deals transparent and complete assurance of civil legislations in China because it relates to company. It takes a pragmatic method and is heavy on examples which are in accordance with genuine felony situations that experience happened in China. utilizing those examples, the writer illustrates how civil legislation performs out in real-life situations.

company humans, scholars and students will all profit drastically from this booklet. Readers could be repaid with an figuring out of civil legislations that may lead them to more proficient in any attention of commercial in China and in any enterprise dealing there. they are going to additionally achieve a fuller photograph of China s financial platforms (particularly its estate system), the explanation at the back of those structures, and the coverage orientations that would steer their destiny improvement.

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Example text

However, freely enjoying civil rights does not mean that exercising civil rights will not be subject to any restriction at all. The government may intervene in certain circumstances by employing its public power to block the exercise of civil rights if such power is granted by the law in order to prevent civil rights from being excessively or abusively exercised. On the whole, exercising civil rights in China shall accord with Article 51 of China’s Constitutional Law,2 which stipulates that a person when enjoying his freedom and exercising his rights must not infringe on the interests of the state, the society or the collective, or on the lawful freedom and rights of other persons.

They are legally enforceable and protected by the law. ’ Doctrines about civil rights stem from the civil law jurisdictions that occupy a predominant position in Continental Europe. ’ While ‘civil rights’ appears to be an abstract legal term, civil rights, in essence, describe what one can do, while civil obligations indicate what one must do. For average citizens, enjoying rights and fulfilling obligations are two sides of the same coin. It is impossible to enjoy rights without fulfilling obligations.

The capacity for civil rights entitles a natural person to enjoy all sorts of civil rights allowed by the law, even including those rights that may appear to be abstract but objectively exist in substance, no matter whether or not they will be actually enjoyed. The capacity for civil conduct A natural person’s performance of civil acts must be commensurate with (not in excess of) his civil rights. In addition, in order for those acts to produce legal effects, he must have the proper capacity for civil conduct.

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