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2017年3月15日,随着十二届全国人大第五次会议表决通过民法总则草案,编纂民法典的开篇之作终于大功告成,有“社会生活圣经”之称的民法典立法进程,由此迈出历史性的第一步。回望民法总则的立法过程,自2016年6月起,法律草案历经全国人大常委会和全国人代会的4次审议,始终争议不断、分歧难消,其激烈程度在中国立法史上实属罕见。而在激辩声中最终炼成的民法总则,也足以成为凝聚立法共识、破解立法难题的典型标本。
On March 15, 2017, as the draft General Provisions of Civil Law voted on at the Fifth Session of the 12th NPC, the opening of the compilation of civil codes was finally completed with the legislative process of the Civil Code entitled “The Bible of Social Living” This is the first historic step. Looking back at the legislative process of the General Provisions of Civil Law, since June 2016, the draft law has been constantly debated and disagreed over by the NPC Standing Committee and the National People’s Congress for 4 deliberations. The intensity of the draft law is rare in the legislative history of China . However, the general rules of Civil Law finally formed in the heated debate are enough to become a typical sample to unite legislative consensus and solve the legislative difficulties.