Abstract:
In March 2017, “General Principles of the Civil Law of the People’s Republic of China” passed into law which provided general rules for intellectual property rights, just like property right, creditor’s rights, inheritance and so on. For the codification of civil law, the choice of four connection modes between intellectual property and civil code including separation type, takein type, linking type and blending type, in the final analysis, is the choice of two legislative models: one makes intellectual property law as a whole incorporated into the Civil Code as a single part, while another develops specialized intellectual property code. Confined to the limitations of history and the times, the achievements of the modern natural law movement encounters crisis in the modern society.In response to this crisis, we need to return to the natural rationality of the tradition of codification, in order to establish a unified private code following the formal rationalism of private life. There is no third way between “into the code” mode and the “codification” mode.However, bringing intellectual property law as a whole into the civil code, the “into the code” model can realize both the systematization of intellectual property itself, but also the continuous improvement of a modern civil code.
