China to debate new civil code that includes divorce, harassment and organ donors

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BEIJING (AFP): Divorce, sexual harassment, organ donations, privacy: China's sweeping first-ever civil code will be debated at its annual parliament meeting in Beijing this week.

If adopted, many laws currently regulating aspects of life in China from marriage to adoption will be completely or partially abolished and replaced by the new civil code.A proposed -- and controversial -- rule to require a spouse suing their partner in court for a divorce to have a"30-day cooling-off period" could be scrapped, a top Chinese official said last week.

Several lawmakers have said the cooling-off periods shouldn't apply to cases involving domestic violence, bigamy, marital rape or other rights violations. The current draft says private information counts as anything an individual is"not willing to be made known to other persons" and prohibits businesses, individuals -- and even the government -- from accessing such information without consent.

A more comprehensive privacy protection law is expected to be drafted within the next five years, Ross said.In China, land can only be owned by the state or collective organisations. Private individuals or businesses can only buy the right to use land for up to 70 years. It also makes it mandatory for local governments to make public announcements on"all acts taken by the state in relation to private property", thus making land transactions more transparent.A few other key moves in the civil code include expanding the definition of"sexual harassment" to include being groped at the workplace or being assaulted by a teacher on campus -- key demands from China's scuttled #Metoo movement.

 

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