HOME|Social Sciences Information|Projects & Abstracts|Humanistic Sciences|Social Sciences中文版
Home >>

Modernization path of national governance system

From:社科报2021-10-28 17:15

In Legal Forum, No.5, 2021, Liu Yanhong suggests that the promulgation of the Civil Code provides an opportunity to re-examine whether China’s national governance capacity has achieved modernization. In the pre-civil code era, China adopted a state-centric model of state governance based on a criminal over civil focus. This model shows that it pays attention to the function of criminal law to maintain social order internally, and that criminal law often bypasses the prepositional law and becomes a priority and normalization tool to deal with social anomie externally. In the era of the civil code, the modernization of national governance calls for a new mode of "co-governance of civil and criminal law", which takes the people as the center and takes the civil law as the premise. Only when the civil law takes precedence over the criminal law and the civil law moves forward while the criminal law retreats, can we form a co-governance system of civil criminal with different responsibilities, and realize the modernization of the national governance ability from the reliance on public power to the autonomy of private law. The co-governance of civil and criminal law is also an effective model in response to the basic idea of co-construction, co-governance and the shared modernization of national governance.