Cooling-off period before divorce

The draft on marriage and family stipulates that a divorce application may be revoked by either side of the couple within the cooling-off period of one month after it is received by the authority.

According to Shen Chunyao, head of the Legislative Affairs Commission under the NPC Standing Committee, the provision is meant to reduce hasty decisions.

Also, considering the changes in the country's demographic situation, provisions related to family planning in current laws are not included in the draft.

Removal of family planning in draft doesn't mean end of policy

Removing stipulations regarding family planning from a draft civil code does not indicate China will end its family planning policy, legislators and law professors said.

Family planning-related clauses in the current Marriage Law and Adoption Law have been dropped in a draft of the marriage section of the civil code.

Given the country's demographic situation, the decision has triggered widespread speculation as to whether it is meant to pave the way for the abolishment of the country's decades-old family planning policy.

However, legislators said there's a special law on family planning, so there's no need to include similar content in the marriage section while drafting the civil code.

Related regulations can still be found in the Population and Family Planning Law.

Jiang Yue, a law professor at Xiamen University, said based on her research birth-related content is not written into civil codes in more than 20 countries and regions.

Sexual harassment

Those who sexually harass others through words or behavior, or by taking advantage of their position, will face potential civil liabilities if they are sued by their victims, according to the draft.

Companies should also take measures to prevent sexual harassment in the workplace, as well as provide reporting channels for victims and punishment for offenders, the draft added.

"Sexual harassment in uneven relationships, such as between teachers and students or bosses and subordinates, will attract stricter punishment if the draft is passed," said Zhao Hui, a Beijing lawyer.

Rights of deceased protected

The draft says if the rights of a deceased person,including name, portrayal or honor, are infringed, the spouse, children or parents can file a civil liability case against the violator.

"The related regulations can better protect the rights of the deceased," said Meng Qiang, a civil law expert from the China Law Society.

Privacy protection

"The draft for the first time clearly defines privacy, and has detailed regulations on the protection of privacy and personal information," said Meng Qiang, a civil law expert from the China Law Society.

According to the draft, individuals have the rights to privacy, which refers to private space, activity and information, and no entities or individuals should infringe upon the private rights of people throughspying, invasion or disclosure.

Punitive damages for environmental violations

According to the draft, punitive compensations will be imposed on those who intentionally violate laws and regulations and damage the environment.

It also stipulates restoration obligations.

The draft also requires parties of a contract to follow conventional practices to save resources and reduce pollution with good faith while fulfilling the contract.

Accident compensation

The question of whether a driver needs to pay compensation if a colleague carpools and is injured in a traffic accident has been controversial for a long while.

The draft on torts stipulates when a non-operational vehicle is involved in a traffic accident that causes the carpooler injury, the driver's liability for compensation should be mitigated or exempted. However, this rule doesn't apply if the incident is due to intentional misconduct or gross negligence on the part of the driver.

The stipulation protects the victim on the one hand and takes into consideration the driver's favor to the victim on the other hand, said Xie Hongfei, head of the civil law office at the Chinese Academy of Social Sciences' Institute of Law. It's also good for maintaining a helpful social environment.

Print, video wills proposed

The draft on inheritance includes printed and video wills in keeping with the development of science and technology, said Yang Minglun, an official with the Legislative Affairs Commission under the National People's Congress Standing Committee.

The draft amended the regulation on will validity by deleting the priority of notarial wills in inheritance law to respect the true will of the testator, Yang said.

The draft stipulates ways to select a heritage manager, and the manager's responsibilities and rights to make sure the estate is properly managed and divided, safeguard the interests of inheritors and creditors and reduce disputes, said Shen Chunyao.

In order to protect creditor interests and make sure related taxes are paid, the draft stipulates the heritage can be divided after the deceased's debts are paid off and related taxes are paid.

Property owners' rights protected

The draft strengthens protections for the rights of property owners.

"In practice, some property management companies profit from repurposing the public parts of a property and putting up advertisements on outer walls or elevators of a building without seeking opinions from property owners," said Shen Chunyao, chairman of the Commission for Legislative Affairs of the NPC Standing Committee.

It says a decision should be made collectively by property owners before public parts of a property are repurposed or used for business operations. Profits generated from the public parts belong to all property owners.

In addition, land use rights of residential properties will be extended automatically after the 70-year use rights expire, according to the draft. The fees for renewing the rights will be charged according to related laws and regulations.

Draft law gives lessees priority to rent property

The draft on contract gives priority to the lessee to lease. It stipulates that when tenancy expires, a home lessee has the priority to lease the property on equal conditions.

It also stipulates that when tenancy expires and the lessee continues to rent the lease, if the leaser doesn't raise an objection, then the original lease contract is valid, but with an unspecified term.

E-contract formed after buyer submits order

The draft on contract makes rules on the conclusion and execution of e-contracts to adapt to the fast growing e-commerce and digital economy and regulate electronic transactions.

The draft stipulates that an e-contract is formed after a buyer submits an order, unless the parties have agreed otherwise.

If a buyer purchases a commodity and it is delivered by express delivery, the delivery time is when the buyer signs to receive the delivery.

If a buyer purchases a service, the deliverytime is when an e-receipt or receipt is produced. If there is no time on the e-receipt or receipt or the time is different from the time of service, the delivery time is when the actual service is rendered.