时间：2015-06-17
本文（The Legislative Procedure of Compiling Civil Code in A "Mode of Codifying Non-Basic Laws"）原载PKU Law Journal，由四川大学王竹教授创作，系四川大学市场经济法治研究所系列学术成果。后续会持续分享四川大学市场经济法治研究所系列学术成果，欢迎大家阅读。
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.
Zhu Wang. The Legislative Procedure of Compiling Civil Code in A "Mode of Codifying Non-Basic Laws", PKU Law Journal, 31, 197-226 (2015).（论文下载）
