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Supreme Court Issues Interpretations on Civil Code - China Legal News

Mon, 01 Feb 2021
Categories: China Legal Trends

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China’s Supreme People's Court fully completes the sorting out of judicial interpretations and issues the first batch of supporting judicial interpretations of the Civil Code.

On 30 Dec. 2020, China’s Supreme People's Court (SPC) held a press conference to inform the full completion of sorting out judicial interpretations by the SPC for the implementation of the Civil Code and promulgate the first batch of supporting judicial interpretations of the Civil Code. 

On 1 Jan. 2021, the Civil Code of China came into force. Since June 2020, under the legislative spirit and the provisions of the Civil Code, the SPC has sorted out a total of 591 existing judicial interpretations and relevant normative documents after the founding of the People's Republic of China. Of these, a total of 364, consistent with the provisions of the Civil Code, continue to apply without amendment; to be in line with the Civil Code, 111 require amendments in terms of names and certain articles, and would enter into effect after being enacted on 1 Jan. 2021; another 116 are decided to be repealed, which would be invalid on 1 Jan. 2021. Meanwhile, the SPC has also sorted out 139 Guiding Cases issued since 2011 and has decided that two Guiding Cases are no longer used for reference.

The SPC has made the first batch of seven new judicial interpretations to support the Civil Code, which came into force simultaneously with the Civil Code on 1 Jan. 2021. The new judicial interpretations cover the timing of the effects of the Civil Code, the application of the guarantee system in the Civil Code, as well as property rights, marriage and family, inheritance, construction project contracts, labor disputes, etc.

Contributors: CJO Staff Contributors Team

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