【线上云德】疫情期间律师说（一百四十五）┃民法典之合同编重大变化

2020年5月28日，民法典经由第十三届全国人民代表大会第三次会议审议通过，标志着我国民法典时代的到来。在民法典1260个条文中，合同编占据了526个条文，为各编中条文体量最大的一编，加之其他章节中涉及合同法的条款121条，总计为647条，占据了民法典总条款数的51.36%。民法典合同编集中体现了民商合一立法精神，其在规范内容、价值追求、具体制度的发展完善方面具有重大变化。

On May 28, 2020, the civil code was deliberated and adopted by the third session of the 13th National People's Congress, marking the arrival of the era of Civil code in China. Among the 1,260 articles in the civil Code, the contract part takes up 526 articles, which is the largest volume of articles in each of them. In addition, 121 articles in other chapters concerning the contract law amount to 647 articles, accounting for 51.36% of the total number of articles in the civil code. The contract compilation of civil code embodies the legislative spirit of the integration of civil and business, which has great changes in the aspects of normative content, value pursuit and specific system development and improvement.

此次民法典合同编草案在现行合同法基础上的修改超过300条，其中涉及规定内容实质性新增、修改超过150条。

The draft contract code contains more than 300 amendments to the existing contract law, including more than 150 substantive additions and amendments to the provisions.

例如，草案完善了电子合同的订立规则，增加了电子合同的履行规则；草案新增物业服务合同，其中涉及业主知情权、共有部分收益情况报告、规范业主的单方解除权等内容；新增预约合同，满足对预约购房之类市场行为的法律规制等……

For example, the draft improves the rules for the conclusion of electronic contracts and adds the rules for the performance of electronic contracts. The draft adds a new property service contract, which involves the owner's right to know, the report of the joint part of the income, and the regulation of the owner's unilateral right to rescind. New appointment contracts to meet the legal regulations on market behaviors such as booking house...

近年来，一些侵害大众权益，甚至危害广大群众生命财产安全的现象和问题时有发生，亟待法律规制。此次合同编草案就针对这些问题作出了明确的规制，切实保护广大人民群众的切身权益。

In recent years, some phenomena and problems that infringe upon the rights and interests of the general public and even endanger the lives and property of the general public occur from time to time and need to be regulated by law. The draft contract has made clear rules and regulations on these issues and effectively protected the vital rights and interests of the broad masses of the people.

如“霸座”、强夺方向盘、拒不配合安检等破坏公共交通正常运营秩序，甚至可能危害乘客生命安全的行为，草案在客运合同部分，明确了承运人应当严格履行安全运输义务，及时告知旅客安全运输应当注意的事项。旅客对承运人为安全运输所作的合理安排应当积极协助和配合。为解决民间借贷领域存在的突出问题，如民间高息借贷等，合同编草案规定，禁止高利放贷，借款的利率不得违反国家有关规定。还有，如对电、水、气、热力供应人以及公共承运人对社会公众的强制缔约义务，完善了格式条款制度，加大对弱势合同当事人一方的保护等……

The draft passenger transport contract stipulates that the carrier shall strictly fulfill the duty of safe transport and timely inform the passengers of matters needing attention in safe transport, such as "overriding", seizing the steering wheel, refusing to cooperate with security check and other behaviors that disrupt the normal operation order of public transport and may even endanger the safety of passengers. The passenger shall actively assist and cooperate with the carrier in making reasonable arrangements for safe carriage. In order to solve the prominent problems in the field of private lending, such as high interest lending, the draft contract stipulates that lending at high interest rates is prohibited, and the interest rate of borrowing shall not violate the relevant state regulations. In addition, for example, the compulsory contracting obligations of the suppliers of electricity, water, gas and heat as well as the common carrier to the public, the system of standard terms has been improved, and the protection of one party of the weak contract has been enhanced...

此次民法典草案充分考虑了当前社会存在的一些新问题、新矛盾，从法律角度进行规制，更好地保护广大公民的合法权益。

The draft civil code gives full consideration to some new problems and contradictions existing in the current society and regulates from a legal perspective to better protect the legitimate rights and interests of citizens.