👉The table of contents so far is here.
Chapter 5: Civic Law System
5.1. Contents of Communist Civic Law
Civic law is a legal code that defines the rights and obligations of citizens, and is roughly equivalent to the "civil law" in the capitalist legal system, but the contents of communist civic law and capitalist civil law do not completely overlap.
Capitalism is based on the two major legal concepts of ownership and contract, so the civil code that contains these two legal provisions has the most important significance in the legal system. In contrast, in communism, although the concepts of ownership and contract are not denied, their weight is reduced, so the weight of civic law itself is subordinate to the environmental law and economic law that we have seen in the previous article.
Citizenship law is the core of communist civic law. Citizenship law contains content roughly equivalent to family law, which is a branch of civil law, but it also includes provisions regarding citizen status, that is, provisions regarding resident rights and civil rights, so it is not completely equal to family law.
In that sense, communist civic law is not purely private law, but also has the characteristics of public law. To begin with, the concept of the state does not exist in a communist society, and therefore the legal system does not assume a binary conceptual distinction between public law, which regulates the relationship between the state and its citizens, and private law, which regulates the rights and obligations between private individuals.
To be more specific, the structure of communist civic law consists of citizenship law, which covers residence right, civil rights, and kinship rights, and property rights law, which covers contract law, real rights law, and inheritance law.
Property rights law forms the core of capitalist civil code, containing the various provisions regarding personal property, which is natural since in capitalism it forms the largest legal basis for personal property, which is declared inviolable even under the constitution.
However, property rights law in communist civic law constitutes a secondary part, containing technical provisions concerning the content of personal property that is reserved and guaranteed under communist standards, as well as its transfer, lending, and succession, including inheritance.
👉The papers published on this blog are meant to expand upon my On Communism.
