La “de-sovietizzazione” e il ruolo dell’economia politica nella bozza di Codice civile del 1964 e nell’attuale Codice civile cinese
In: Codex: 3, 2022
In 1956, Sino-Soviet relations broke down. The draft of civil code of 1964 tried to get rid of the influence of Soviet law, so the drafters found the point of convergence between civil law and political economy reasoning that the civil law adjusted property relations, the property relations are relations of production, the objects of political economy also is property relations. As a result, a draft of Civil Code drafted in accordance with the three major elements of political economy (the ownership of the means of production, the law of value, and the law of distribution according to work.) was formed.It was criticized by future generations for lack of legal and technical factors. The "Soviet Russian Civil Code" of 1964 did not take the road of political economy. In 1979, my country began to draft the civil code for the third time. With the help of the translated "Soviet Russian Civil Code" of 1964 and other academic resources, the draft of the Civil Code of 1982 was basically de-political economy. The draft became the basis of my country's Civil Code of 2020, but a small number of political economics clauses remain in this civil code in a less obvious form. If they cannot be deleted, they can be given non-political economic meanings through interpretation.
Keywords: draft the civil code for the second time; political economy; broke-down of Sino-Soviet relations; Academic independence; civil code of China.