Page 212 - 2021 White Paper
P. 212
1 White Paper on the Business Environment in China
eliminate danger, eliminate influence, restore its an objection and request necessary measures such
reputation and apologize, and the above-mentioned as correcting or deleting the contents. Credit raters
relief will not fall under the statute of limitations43. In shall promptly verify the objection or request, and
the event of concurrence of breach of contract and shall promptly take necessary measures where
tort liability, compensation for mental damages shall the complaint is verified to be true.” The said two
be available44. articles specify the right of correction in the case
of false information, which shows the right to
If any party whose personality rights are infringed make claim for personality rights and is conducive
has evidence that the infringer is committing or is to preventing further damage.
about to commit an illegal act that infringes upon
its personality right, which will cause irreparable 3. Property Rights
damage to its legal interests if it is not stopped on
time, such party shall have the right to apply to the The Civil Code consists of 5 sub-chapters,
people’s court for protection of act pursuant to law45. 20 chapters and 258 articles regarding
property rights. The changes mainly cover the
d. Sexual Harassment rural collective property rights system, the
condominium ownership system, the right to
The Civil Code, Article 1010 provides that “If reside, the collateral rights system and renewal of
any person commits sexual harassment against the right to usage of residential construction.
any other person’s will by words, characters,
images, or physical acts, the victim has the right a. Usufruct: right to reside
to request such person to assume civil liability
pursuant to law. Organs, enterprises, schools and The Law of Property Rights provides four
other entities shall take reasonable measures to privileges: the right to use land for construction,
prevent sexual harassment, accept complaints of, land contractual management rights, the
investigate and handle sexual harassment cases, homestead use and easement. The Civil Code,
so as to prevent and cease sexual harassment based on this, adds the right to reside as a new
conducted through abuse of any person’s powers right of usage. The right to reside means that
and affiliation relationship.” This Article specifies a person with right to reside has the right of
that employment entities shall take reasonable possession and use of a residence of others in
measures such as prevention, acceptance of accordance with a contract or will, in order to meet
complaints and disposal, in order to prevent life’s requirements46.
and stop sexual harassment and restrain the
occurrence of sexual harassment. The history of legislation on rights to reside
can be traced back to Roman Law. In Roman Law,
e. Correction of False Information the laws on personal servitude are established to
protect divorced women, babysitters and other
The Civil Code, Article 1028 reads, “any civil specific persons or the disadvantaged. In the
subject who has evidence proving that the contents German Civil Code, the right to reside is divided
reported in newspaper, periodical, network or into two types, one is the traditional right to
other media are not true, and infringe upon its reside, which is for protection of the right to reside
right of reputation, has the right to request the of the weak or a particular person, and the other
media to promptly take necessary measures such is the general right to reside, including the right
as correcting or deleting the contents.” The Civil to reside through investment. One of the main
Code, Article 1029 provides, “any civil subject may reasons why China’s Civil Code decided to include
check its own credit rating pursuant to law. If the the right to reside is “to provide legal protection
civil subject discovers any improper contents for public rental housing and housing for the
regarding its credit rating, it has the right to raise elderly”47, which provides that the right to reside
43 Civil Code, Article 995 46 Civil Code, Article 366
44 Civil Code, Article 996 47 Explanation on Sub-sections of the Civil Code (draft)
45 Civil Code, Article 997 ----- at the 5th Meeting of the Standing Committee of the
13th National People’s Congress on 27th August 2018, by
212
eliminate danger, eliminate influence, restore its an objection and request necessary measures such
reputation and apologize, and the above-mentioned as correcting or deleting the contents. Credit raters
relief will not fall under the statute of limitations43. In shall promptly verify the objection or request, and
the event of concurrence of breach of contract and shall promptly take necessary measures where
tort liability, compensation for mental damages shall the complaint is verified to be true.” The said two
be available44. articles specify the right of correction in the case
of false information, which shows the right to
If any party whose personality rights are infringed make claim for personality rights and is conducive
has evidence that the infringer is committing or is to preventing further damage.
about to commit an illegal act that infringes upon
its personality right, which will cause irreparable 3. Property Rights
damage to its legal interests if it is not stopped on
time, such party shall have the right to apply to the The Civil Code consists of 5 sub-chapters,
people’s court for protection of act pursuant to law45. 20 chapters and 258 articles regarding
property rights. The changes mainly cover the
d. Sexual Harassment rural collective property rights system, the
condominium ownership system, the right to
The Civil Code, Article 1010 provides that “If reside, the collateral rights system and renewal of
any person commits sexual harassment against the right to usage of residential construction.
any other person’s will by words, characters,
images, or physical acts, the victim has the right a. Usufruct: right to reside
to request such person to assume civil liability
pursuant to law. Organs, enterprises, schools and The Law of Property Rights provides four
other entities shall take reasonable measures to privileges: the right to use land for construction,
prevent sexual harassment, accept complaints of, land contractual management rights, the
investigate and handle sexual harassment cases, homestead use and easement. The Civil Code,
so as to prevent and cease sexual harassment based on this, adds the right to reside as a new
conducted through abuse of any person’s powers right of usage. The right to reside means that
and affiliation relationship.” This Article specifies a person with right to reside has the right of
that employment entities shall take reasonable possession and use of a residence of others in
measures such as prevention, acceptance of accordance with a contract or will, in order to meet
complaints and disposal, in order to prevent life’s requirements46.
and stop sexual harassment and restrain the
occurrence of sexual harassment. The history of legislation on rights to reside
can be traced back to Roman Law. In Roman Law,
e. Correction of False Information the laws on personal servitude are established to
protect divorced women, babysitters and other
The Civil Code, Article 1028 reads, “any civil specific persons or the disadvantaged. In the
subject who has evidence proving that the contents German Civil Code, the right to reside is divided
reported in newspaper, periodical, network or into two types, one is the traditional right to
other media are not true, and infringe upon its reside, which is for protection of the right to reside
right of reputation, has the right to request the of the weak or a particular person, and the other
media to promptly take necessary measures such is the general right to reside, including the right
as correcting or deleting the contents.” The Civil to reside through investment. One of the main
Code, Article 1029 provides, “any civil subject may reasons why China’s Civil Code decided to include
check its own credit rating pursuant to law. If the the right to reside is “to provide legal protection
civil subject discovers any improper contents for public rental housing and housing for the
regarding its credit rating, it has the right to raise elderly”47, which provides that the right to reside
43 Civil Code, Article 995 46 Civil Code, Article 366
44 Civil Code, Article 996 47 Explanation on Sub-sections of the Civil Code (draft)
45 Civil Code, Article 997 ----- at the 5th Meeting of the Standing Committee of the
13th National People’s Congress on 27th August 2018, by
212
