The Supreme Law issued the first batch of 7 civil codes that support judicial interpretations related to marriage and family inheritance.

Original title: The Supreme Law issued the first batch of 7 civil codes that support judicial interpretations related to marriage and family inheritance.

On December 30, the People’s Supreme Court carried out the implementation of the Civil Code to complete the sanitation of judicial interpretations and the first batch of judicial interpretationsPress conference. The cover reporter learned from the press conference that the People’s Supreme Court has formulated the first batch of 7 new judicial interpretations compatible with the Civil Code, which will be implemented simultaneously with the Civil Code on January 1, 2021.

The People’s Supreme Court is in charge of thejobsHe Rong, Vice President of the People’s Republic of China, presented at the press conference that the first judicial interpretation was a judicial interpretation on the temporal validity of the application of the Civil Code. According to the provisions of the Legislative Law, the new law only has binding force on the legal facts after its implementation, and has no retroactive effect on the legal facts before its implementation, but is designed to better protect the rights and interests of citizens, legal persons and other organizations. Except for special regulations, as the first judicial interpretation of the application of the Civil Code, it focuses on resolving the civil code and thecontractlaw,Property rightsThe application of the old and new laws of the nine laws, including the law, strictly clarifies the applicable conditions for the retroactive application of this exceptional situation, unifies the sentencing standards and ensures the correct implementation of the Civil Code.

The second is about the application of the civil code.warrantyJudicial interpretation of the system The Civil Code has made important improvements in the guarantee system, based on the compensation and repeal of 9 previous judicial interpretations related to guarantees, the Supreme Law aims to effectively regulate the order of operations of collateral and reduce funding.cost,promotemoneyFacility, expansion of means of credit improvement, guaranteeClaim (isAchieveSMEsFinancing is difficult and expensive, and a new judicial interpretation has been formulated on the application of the Civil Code guarantee system.

The other five are related to property, marriage and family rights, inheritances, construction contracts,workControversies and other aspects. In accordance with the principles of clarity, conciseness and relevance, on the basis of abolishing many of the original judicial interpretations, and in accordance with the new spirit of the Civil Code, the new revisions are formulated in five corresponding judicial interpretations. For example, for promotesocietyCoreValuesTo strengthen the construction of family civilization and establish a good family tradition. On the basis of the abolition of the original seven relevant judicial interpretations, two judicial interpretations were formulated, including the marriage and family section of the applicable civil code and the inheritance section of the applicable civil code.

Among them, the Compilation of Judicial Interpretation of Marriage and Family has made the corresponding improvements in the processing of the confirmation and denial of the relationship between parents and children in accordance with the provisions of the Civil Code.Another example, to strengthen judicial protection of people’s livelihoods, maintain harmonious working relationships and maintain constructionmarketFair Competition Order, based on the abolition of the original 7 relevant judicial interpretations, respectivelyLabor disputeAnd buildingEngineering constructionTwo judicial interpretations including the contract. For example, the judicial interpretation of the property rights edition has consequently added new types of “residence rights” stipulated in the property rights edition of the Civil Code.Usufruct rights。

He Rong said that in addition to the seven previous judicial interpretations, the Supreme Law also revised the “Regulations on the causes of civil cases.” In accordance with the new system stipulated by the Civil Code, protection of the voice, protection of personal information, injunctions for infringement of the applicant’s moral rights, residence rightsFactoringContracts and other reasons are used to standardize and guide civil trial work.

“Of course, this is only the first batch of judicial interpretations to be implemented in conjunction with the Civil Code.” He Rong stated that the Supreme Law will be based on the principle of accurate understanding and application of the law, according to the interpretation of the general application of the Civil Code, the interpretation of the legal application of a certain chapter of the Civil Code and the interpretation of the legal application of a specific type of case. A hierarchical and diversified civil judicial interpretation framework system that closely surrounds the Civil Code.

(Article Source: Cover News)

(Editor in charge: DF398)