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Sichuan Launches Special Cleaning of Civil Code Involved Regulations and Administrative Standard Documents
Updated:2020.09.16

  Recently, the General Office of Sichuan Provincial Government issued the Notice on Doing a Good Job in Special Cleaning of Civil Code Involved Regulations and Administrative Standard Documents (the "Notice"). It specifies that Sichuan Province should promptly clean up the provisions that are inconsistent with the provisions and principles of the Civil Code, amend or abolish them in a timely manner, and effectively link up government regulations, standard documents and the Civil Code to ensure the full and effective implementation of the Civil Code in Sichuan Province.

  It is reported that this cleaning covers the regulations of provincial, municipal (prefecture) people's governments and the administrative standard documents of people's governments at or above the county level and their departments involved in the Civil Code. The cleaning focus should be those provisions which are inconsistent with the legislative spirit of the Civil Code, the basic principles and general rules that civil activities must follow, and the provisions of the Civil Code on property rights, contracts, personality rights, marriage and family, inheritance, and infringement liability, the higher-level laws of which should be revised or abolished due to the introduction of the Civil Code, and which are inconsistent with the Civil Code.

  According to the Notice, all localities and departments (units) should carry out the cleaning work according to the principles of  "who formulates the provisions, who cleans up them" and "who implements the provisions and who cleans up them". The administrative standard documents formulated by departments under the people's governments at or above the county level should be cleaned up by the departments formulating them; for those that are formulated by several departments jointly or involve the responsibilities of multiple departments, the lead department shall be responsible for organizing the clean-up; if the formulation department is revoked or its functions and powers have been adjusted, the department that continues to exercise its functions and powers shall be responsible for cleaning up. Regarding the regulations of provincial, municipal (state) people's government, administration normative documents of the people's governments at or above the county level and their general offices (offices), clean-up

  opinions and suggestions shall be put forward by the drafting or implementing departments, which shall also report these to the people's government at the same level for decision-making.

  After cleaning up, if the main contents of the regulations and administration normative documents are inconsistent with the spirit, principles and provisions of the Civil Code, they shall be abolished; if they have parts of the contents inconsistent with the spirit, principles and provisions of the Civil Code, they should be amended. In case where any localities or departments (units) believe that there are administrative regulations and administration normative documents of the State Council are inconsistent with the spirit, principles and provisions of the Civil Code, they shall put forward specific suggestions, amendment plans and reasons for amendment or abolition.

 
 
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