Process Management and Procedural Transformation of Codification
Abstract: The Civil Code is the only law in New China whose name is crowned with “code”,and it is also the first code formed through codification.The Civil Code was eventually promulgated by effective process management in the absence of special codification procedure rules,and its successful experience is valuable.The process management of civil code compilation includes at least the elements of object definition,organization coordination,new and old connection,stage division,political guarantee and so on.The difficult problems encountered in the process of civil code compilation or other codification may be faced with are fuzzy attributes and difficult to distinguish levels;the content is varied and the text is huge;the process is long,and the “blocked point” is frequent;public opinion is often collected,but the actual effect is not ideal,and so on.At present,China has entered the codification era,in order to complete the codification of other fields with high quality,it not only needs to summarize and apply the process management experience of the civil code codification,but also needs to realize the procedural transformation of the codification work fundamentally.The rules of the codification procedure should take democracy,justice,efficiency and high quality as its basic values.To formulate the procedure rules for codification,we should absorb the process management experience of codification of civil code,which is the “system version” of the past legislative practice.In addition,we should also have new requirements and new contents that have not been adopted in the compilation practice of the civil code,which is an “upgraded version” of the current ordinary legislative procedure.