Law

Judicial interpretation of the general provisions of the civil code issued by the supreme law

2022-02-28   

In order to guide the people's courts at all levels to implement the civil code, give full play to the role of the general provisions in commanding the overall situation in the civil code, protect the legitimate rights and interests of civil subjects according to law, and vigorously carry forward the socialist core values, The Supreme People's court has formulated the interpretation of the Supreme People's Court on Several Issues concerning the application of the general part of the civil code of the people's Republic of China (hereinafter referred to as the judicial interpretation of the general part), which shall enter into force on March 1, 2022. According to reports, the drafting of the judicial interpretation of the general provisions is mainly to solve three problems: first, to ensure the orderly connection between the civil code and the old law; Second, systematically sort out the experience and wisdom accumulated by the people's court in the long-term judicial practice; The third is to respond to the specific legal application problems that need to be clarified after the implementation of the general provisions of civil law. There are 39 judicial interpretations in the general provisions, which are divided into 9 parts: general provisions, capacity for civil rights and capacity for civil conduct, guardianship, declaration of disappearance and death, civil legal acts, agency, civil liability, limitation of action and supplementary provisions. It is understood that the judicial interpretation of the general provisions mainly has the following three characteristics: first, vigorously carry forward the socialist core values in concept. Through the refinement of customary applicable rules, guardianship system, civil legal acts, civil liability, limitation of action and other institutional rules, the socialist core values are run through from beginning to end, highlighting the value orientation of the civil code that emphasizes fairness and justice and advocates honesty and trustworthiness. In particular, we have refined the institutional rules of self-defense, emergency risk avoidance and courageous action, further clarify our attitude on issues such as "help or not", "persuade or not", "pursue or not", "rescue or not", "do or not" and "ignore", resolutely prevent "peace and thin mud", give justice strength, right and wrong, temperature, and let the people have warmth, compliance and guarantee. Second, highlight the protection of rights in content. Implement the people-centered development thought, put the protection of the rights of natural persons in the central position, and make systematic provisions from the aspects of protecting the interests of minors and fetuses, standardizing the exercise of rights, and balancing the interests of missing persons and stakeholders, which reflects the judicial position of people first. Third, the drafting idea of small and fine should be embodied in the form. Always adhere to the principle of problem-oriented, trial execution needs as the starting point, accurate understanding and application of the civil code, do not pursue a large and comprehensive system, do not pursue a package solution to all problems, but focus on the trial practice in the application of the general provisions, which needs to be solved urgently and has a relatively rich practical foundation, And can maximize the consensus of the problem, clear the corresponding applicable rules of law. (reporter Zhang Chen) (outlook new era)

Edit:Luo yu Responsible editor:Wang er dong

Source:Legal Daily

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