Promote the core socialist values

 

Ensure the unified and correct implementation of the Civil Code

 

The Supreme People's Court issued a judicial interpretation of the General Provisions of the Civil Code

 

In order to guide the people's courts at all levels to implement the Civil Code well, give full play to the overall role of the General Provisions in the Civil Code, protect the legitimate rights and interests of civil subjects in accordance with the law, and vigorously promote the core socialist 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 Provisions of the Civil Code of the People's Republic of China (hereinafter referred to as the Judicial Interpretation of the General Provisions), which was adopted by the 1861st meeting of the Adjudication Committee of the Court and officially released today, and will be implemented from March 1, 2022.

 

The Judicial Interpretation of the General Provisions is an important normative document for the people's courts to thoroughly study and implement Xi Jinping's thought on the rule of law, adhere to the people-centered approach, effectively implement the Civil Code, and protect the lives, health, property safety, transaction convenience, happiness, and personal dignity of the broad masses of the people in accordance with the law. The promulgation and implementation of this judicial interpretation is of great and practical significance for the Supreme People's Court to guide the people's courts at all levels to correctly hear relevant cases, unify adjudication standards, ensure the unified and correct implementation of the Civil Code, and achieve high-quality justice.

 

The drafting of the Judicial Interpretation of the General Provisions began in June 2020 with a comprehensive review of judicial interpretations, including the Opinions on the General Principles of Civil Law, Interpretation I of the Contract Law, and Interpretation II of the Contract Law. During the drafting process, more than 20 research and demonstration meetings were held, opinions were systematically solicited from higher people's courts across the country, relevant central units, and the Civil Law Research Association of the China Law Society, and written opinions were solicited from the Legislative Affairs Commission of the National People's Congress three times, which provided strong guidance and assistance.

 

The drafting of the Judicial Interpretation of the General Provisions strictly followed the requirements of the Provisions of the Supreme People's Court on Judicial Interpretation Work, and always adhered to widely listening to opinions to ensure that the content of the provisions can gather consensus to the greatest extent and stand the test. First, it closely follows the legislative intent. Fully respect and adopt all the opinions of the Legislative Affairs Commission of the National People's Congress. Second, highlight the orientation of strengthening the foundation and practice. Five of the seven court system seminars were held in intermediate and primary people's courts to listen to the opinions of more than 200 front-line trial business experts. Third, pay attention to absorbing academic achievements. Four expert demonstration meetings covered representatives of civil law scholars of the old, middle and young generations, with a total of more than 200 participants. Experts from the Law School of Renmin University of China, the Institute of Law of the Chinese Academy of Social Sciences, the Law School of Tsinghua University, and the Civil, Commercial and Economic Law School of China University of Political Science and Law were invited to participate in the drafting and demonstration work and provide consulting opinions.

 

The drafting of the Judicial Interpretation of the General Provisions is mainly to solve three aspects of problems. The first is to ensure the orderly connection between the Civil Code and the old law. After the implementation of the Civil Code, the General Principles of Civil Law, the General Principles of Civil Law, and the Contract Law were repealed, and the Supreme People's Court correspondingly repealed the Opinions on the General Principles of Civil Law, Interpretation I of the Contract Law, and Interpretation II of the Contract Law. However, many of these judicial interpretations are still consistent with the Civil Code and still have important guiding value in judicial practice. It is necessary to retain and sort them out to avoid gaps in the application of legal connections and affect the implementation of the Civil Code. The second is to systematically sort out the experience and wisdom accumulated by the people's courts in long-term judicial practice. The Civil Code adopts the legislative technique of codification, and most of the provisions are inherited from the original law. The people's courts have accumulated a lot of effective experience in applying these legal provisions to handle civil disputes, and it is necessary to incorporate this together in order to better achieve the purpose of unified adjudication standards. For example, regarding the specific application of apparent agency, the Guiding Opinions on Several Issues Concerning the Trial of Civil and Commercial Contract Dispute Cases under the Current Situation issued by the Supreme People's Court in 2009 made detailed provisions, which have been tested by more than ten years of trial practice, and it is necessary to absorb them into the interpretation of the General Provisions of the Civil Code. Based on the same consideration, some of the provisions in the Minutes of the National Courts' Civil and Commercial Trial Work Conference have also been absorbed into this judicial interpretation. The third is to respond to the specific legal application issues that urgently need to be clarified after the implementation of the General Principles of Civil Law. Most of the provisions of the General Provisions of the Civil Code originate from the General Principles of Civil Law and have been implemented for more than four years. During this period, the people's courts have accumulated rich trial experience and also discovered some specific legal application issues that urgently need to be unified and standardized. In particular, the General Provisions of the Civil Code condense the rules with universal applicability and guiding significance in the civil legal system, and concentrate on reflecting the characteristics and laws of the general in the rigorous logical system of the Civil Code, which requires the people's courts at all levels to firmly establish systematic thinking and accurately grasp the applicable logical relationship between the General Provisions of the Civil Code and the various parts, the Civil Code and other civil and commercial laws, and the basic principles and specific provisions. The above three purposes are ultimately to unify the adjudication standards for civil cases, better implement the Civil Code, and maintain the authority of the Civil Code.

 

The Judicial Interpretation of the General Provisions has 39 articles in total, divided into 9 parts: general provisions, civil rights capacity and civil capacity, guardianship, declaration of absence and declaration of death, civil legal acts, agency, civil liability, statute of limitations, and supplementary provisions. It mainly has the following three characteristics:

 

First, in terms of concept, vigorously promote the core socialist values. By refining the applicable rules of habits, guardianship system, civil legal acts, civil liability, statute of limitations and other institutional rules, the core socialist values are run through the whole process, highlighting the value orientation of the Civil Code emphasizing fairness and justice and advocating honesty and trustworthiness. In particular, the institutional rules of legitimate defense, emergency avoidance, and acting bravely for justice have been refined to further clarify the attitude on issues such as "should we help", "should we persuade", "should we chase", "should we save", "should we do" and "should we care", resolutely prevent "muddying the waters", so that justice has power, right and wrong, and warmth, and so that the masses have warmth, rules to follow, and guarantees.

 

Second, the content emphasizes the protection of rights. Implement the people-centered development thought, place the protection of the rights of natural persons in the central position, and make systematic provisions from protecting the interests of minors and fetuses, regulating the exercise of rights, and balancing the interests of missing persons and interested parties, reflecting the judicial position of people first.

 

Third, the form reflects the drafting idea of being small and refined. Always adhere to the problem-oriented, the needs of trial enforcement as the starting point, and the accurate understanding and application of the Civil Code as the principle, do not pursue a large and comprehensive system, do not pursue a package solution to all problems, but focus on the urgent need to solve the trial practice in the application of the General Provisions, have a relatively rich practical foundation, and can maximize the consensus on the issue of clarifying the corresponding legal application rules.

 

 

 

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Civil Code of the People's Republic of China was adopted by the 1861st meeting of the Adjudication Committee of the Supreme People's Court on December 30, 2021, and is hereby promulgated and shall be implemented from March 1, 2022.

 

Supreme People's Court

 

February 24, 2022

 

 

Interpretation of Laws [2022] No. 6

 

Supreme People's Court

 

Interpretation on Several Issues Concerning the Application of the "Civil Code of the People's Republic of China"

 

General Provisions

 

(Adopted at the 1861st Meeting of the Adjudication Committee of the Supreme People's Court on December 30, 2021, and effective as of March 1, 2022)

 

　　In order to correctly hear civil cases, protect the legitimate rights and interests of civil subjects in accordance with the law, and maintain social and economic order, this interpretation is formulated in accordance with the relevant provisions of the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other relevant laws, in combination with judicial practice.

 

　　 I. General Provisions

 

　　 Article 1   If the Civil Code's Sections II to VII have provisions for civil relationships, the people's court shall directly apply those provisions; if the Civil Code's Sections II to VII do not have provisions, the provisions of Section I of the Civil Code shall apply, unless such application is not possible due to the nature of the relationship.

 

　　For the same civil relationship, if the provisions of other civil laws are a refinement of the corresponding provisions of the Civil Code, the provisions of that civil law shall apply. If the Civil Code stipulates that other laws apply, the provisions of that law shall apply.

 

　　If the Civil Code and other laws do not have specific provisions for civil relationships, the provisions of the Civil Code regarding basic principles may be followed.

 

　　 Article 2   Folk customs and common practices that are generally observed by ordinary people when engaging in civil activities within a certain region or industry for a long period of time may be recognized as customs as stipulated in Article 10 of the Civil Code.

 

　　If a party claims the application of custom, it shall provide corresponding evidence regarding the custom and its specific content; when necessary, the people's court may investigate and verify ex officio.

 

　　The application of custom shall not violate socialist core values and shall not violate public order and good morals.

 

　　 Article 3   Regarding the abuse of civil rights mentioned in Article 132 of the Civil Code, the people's court may make a determination based on factors such as the object, purpose, time, method of exercising the right, and the degree of imbalance of interests between the parties.

 

　　If a person exercises civil rights with the primary purpose of harming national interests, public interests, or the legitimate rights and interests of others, the people's court shall determine that it constitutes an abuse of civil rights.

 

　　If an abuse of civil rights is constituted, the people's court shall determine that the abuse does not have corresponding legal effect. If the abuse of civil rights causes damage, it shall be handled in accordance with the relevant provisions of Section VII of the Civil Code.

 

　　 II. Civil Capacity and Civil Conduct

 

　　 Article 4   Involving the protection of the interests of a fetus, such as inheritance of an estate or acceptance of a gift, if the parents claim corresponding rights as legal representatives before the fetus is delivered, the people's court shall support it in accordance with the law.

 

　　 Article 5   Whether a civil legal act performed by a person with limited civil capacity is appropriate to their age, intelligence, and mental health status, the people's court may determine from the degree to which the act is related to the person's life, whether the person's intelligence and mental health status can understand the act and foresee the corresponding consequences, and the subject matter, quantity, price, or remuneration.

 

　　 III. Guardianship

 

　　 Article 6   When a people's court determines the guardianship ability of a natural person, it shall determine it based on factors such as their age, physical and mental health, and economic conditions; when determining the guardianship ability of a relevant organization, it shall determine it based on factors such as its qualifications, credit, and financial status.

 

　　 Article 7   If the parents of a ward who serve as guardians designate a guardian through a will, and the designated person does not agree to serve as guardian when the will takes effect, the people's court shall determine the guardian in accordance with the provisions of Articles 27 and 28 of the Civil Code.

 

　　If a minor is under the guardianship of their parents, and one of the parents designates a guardian through a will, and the other parent has guardianship ability when the will takes effect, and the relevant parties have a dispute over the determination of the guardian, the people's court shall determine the guardian in accordance with the provisions of Article 27, paragraph 1 of the Civil Code.

 

　　 Article 8   If the parents of a minor enter into an agreement with other persons who are legally qualified to be guardians, stipulating that the guardianship responsibilities of the parents with guardianship ability are waived, the people's court shall not support it. If the agreement stipulates that the person with guardianship qualifications shall serve as guardian when the parents of the minor lose guardianship ability, the people's court shall support it in accordance with the law.

 

　　If persons who are legally qualified to be guardians agree, in accordance with the provisions of Article 30 of the Civil Code, that persons of different order as stipulated in Article 27, paragraph 2 and Article 28 of the Civil Code shall jointly serve as guardians, or that persons of a later order shall serve as guardians, the people's court shall support it in accordance with the law.

 

　　 Article 9   When the people's court designates a guardian in accordance with the provisions of Article 31, paragraph 2 and Article 36, paragraph 1 of the Civil Code, it shall respect the true wishes of the ward and designate the guardian in accordance with the principle of the best interests of the ward, with specific reference to the following factors:

 

　　(1) The closeness of the relationship with the ward in terms of life and emotion;

 

　　(2) The order of guardianship of persons who are legally qualified to be guardians;

 

　　(3) Whether there are any illegal or criminal circumstances that are not conducive to the performance of guardianship duties;

 

　　(4) The guardianship ability, willingness, and character of persons who are legally qualified to be guardians.

 

　　The guardian designated by the people's court in accordance with the law shall generally be one person; if it is more conducive to protecting the interests of the ward for several persons to jointly serve as guardians, there may also be several persons.

 

　　 Article 10   If the relevant parties are not satisfied with the designation of the residents' committee, villagers' committee, or civil affairs department, and apply to the people's court for the designation of a guardian within 30 days from the date of receiving the designation notice, the people's court shall, after review, rule to reject the application if it considers that the designation is not improper; if it considers that the designation is improper, it shall rule to revoke the designation and designate another guardian.

 

　　If the relevant parties file an application more than 30 days after receiving the designation notice, the people's court shall handle it in accordance with the change of guardianship relationship.

 

　　 Article 11   If an adult with full civil capacity enters into a written agreement with another person in accordance with the provisions of Article 33 of the Civil Code to pre-determine their guardian, and any party to the agreement requests to terminate the agreement before the adult loses or partially loses civil capacity, the people's court shall support it in accordance with the law. If the guardian determined by the agreement requests to terminate the agreement without justified reasons after the adult loses or partially loses civil capacity, the people's court shall not support it.

 

　　If the guardian determined by the agreement has one of the circumstances stipulated in Article 36, paragraph 1 of the Civil Code after the adult loses or partially loses civil capacity, and the relevant individual or organization stipulated in paragraph 2 of that article applies to revoke their qualification as guardian, the people's court shall support it in accordance with the law.

 

　　 Article 12 If there is a dispute between guardians or other persons legally qualified to be guardians regarding whether the guardian has any of the circumstances under items (2) and (4) of paragraph 1 of Article 39 of the Civil Code that should terminate the guardianship relationship, and an application is made to change the guardian, the people's court shall accept it in accordance with the law. If, after review, the court finds that the reasons are valid, the people's court shall support it in accordance with the law.

 

　　If the legally designated guardian and other persons with guardianship qualifications agree to change the guardian, the people's court shall respect the true wishes of the ward and make a judgment in accordance with the principle of the best interests of the ward.

 

　　 Article 13 If a guardian is unable to fully perform his or her guardianship duties for a certain period of time due to illness, working away from home, etc., and entrusts all or part of his or her guardianship duties to another person, the people's court will not support the party's claim that the trustee has therefore become the guardian.

 

　　 4. Declaration of Absence and Declaration of Death

 

　　 Article 14 When a people's court hears a case declaring a person missing, the following persons shall be identified as interested parties as stipulated in Article 40 of the Civil Code:

 

　　(1) Close relatives of the person being applied for;

 

　　(2) Relatives who have the right to inherit from the person being applied for in accordance with the provisions of Articles 1128 and 1129 of the Civil Code;

 

　　(3) Civil subjects who have civil rights and obligations with the person being applied for, such as creditors, debtors, and partners, except where applying for a declaration of absence does not affect their exercise of rights or performance of obligations.

 

　　 Article 15 If the property custodian of a missing person requests the missing person's debtor to repay the debt, the people's court shall list the property custodian as the plaintiff.

 

　　If a creditor files a lawsuit requesting the property custodian of a missing person to pay the debts and other expenses owed by the missing person, the people's court shall list the property custodian as the defendant. If, after hearing the case, the people's court finds that the creditor's claim is valid, the people's court shall order the property custodian to pay the debts and other expenses owed by the missing person from the missing person's property.

 

　　 Article 16 When a people's court hears a case declaring a person dead, the spouse, parents, and children of the person being applied for, as well as relatives who have the right to inherit from the person being applied for in accordance with Article 1129 of the Civil Code, shall be identified as interested parties as stipulated in Article 46 of the Civil Code.

 

　　Under any of the following circumstances, other close relatives of the person being applied for, as well as relatives who have the right to inherit from the person being applied for in accordance with Article 1128 of the Civil Code, shall be identified as interested parties as stipulated in Article 46 of the Civil Code:

 

　　(1) The spouse, parents, and children of the person being applied for are all dead or missing;

 

　　(2) Failure to apply for a declaration of death will not protect their corresponding legitimate rights and interests.

 

　　Creditors, debtors, partners and other civil subjects of the person being applied for cannot be identified as interested parties as stipulated in Article 46 of the Civil Code, unless failure to apply for a declaration of death will not protect their corresponding legitimate rights and interests.

 

　　 Article 17 If a natural person is missing during a war, the period for an interested party to apply for a declaration of death shall be governed by the provisions of item (1) of paragraph 1 of Article 46 of the Civil Code, calculated from the date of the end of the war or the date of disappearance determined by the relevant authorities.

 

　　 5. Civil Legal Acts

 

　　 Article 18 If the parties have not adopted written or oral form, but the act itself shows that a corresponding expression of intent has been made and meets the conditions for the establishment of a civil legal act, the people's court may recognize it as a civil legal act implemented in other forms as stipulated in Article 135 of the Civil Code.

 

　　 Article 19 If the actor has a mistaken understanding of the nature of the act, the other party, or the variety, quality, specifications, price, quantity, etc. of the subject matter, and according to common understanding, the actor would not have made the corresponding expression of intent if the mistaken understanding had not occurred, the people's court may recognize it as a major misunderstanding as stipulated in Article 147 of the Civil Code.

 

　　If the actor can prove that there was a major misunderstanding when he or she performed the civil legal act and requests the revocation of the civil legal act, the people's court shall support it in accordance with the law; however, this does not apply if the actor has no right to request revocation based on transaction practices, etc.

 

　　 Article 20 If the actor requests the revocation of a civil legal act on the grounds that his or her expression of intent was incorrectly conveyed by a third party, the provisions of Article 19 of this Interpretation shall apply.

 

　　 Article 21 If a party intentionally provides false information, or a person with an obligation to inform intentionally conceals the true situation, causing the party to make an expression of intent based on a mistaken understanding, the people's court may recognize it as fraud as stipulated in Articles 148 and 149 of the Civil Code.

 

　　 Article 22 Using damage to the personal rights, property rights and other legitimate rights and interests of natural persons and their close relatives, etc., or damage to the reputation, honor, property rights and interests, etc. of legal persons and non-legal person organizations as a threat to force them to make an expression of intent based on fear, the people's court may recognize it as coercion as stipulated in Article 150 of the Civil Code.

 

　　 Article 23 If a civil legal act is not established and the parties request the return of property, compensation at a discounted price, or compensation for losses, the provisions of Article 157 of the Civil Code shall be applied by reference.

 

　　 Article 24 If the condition attached to a civil legal act cannot occur and the parties agree that it is a condition for effectiveness, the people's court shall recognize that the civil legal act is not effective; if the parties agree that it is a condition for termination, it shall be recognized that no condition is attached, and whether the civil legal act is invalid shall be determined in accordance with the provisions of the Civil Code and relevant laws and administrative regulations.

 

　　 6. Agency

 

　　 Article 25 If several entrusted agents jointly exercise the power of agency, and one or several of them exercise the power of agency without consulting with the other entrusted agents, it shall be handled in accordance with the provisions of Articles 171 and 172 of the Civil Code.

 

　　 Article 26   Due to special reasons such as sudden illness, interruption of communication, and epidemic prevention and control, if the entrusted agent cannot handle the agency matters himself and cannot contact the principal in time, if the third person is not sub-entrusted in time, it will cause losses to the interests of the principal or expand the losses. The people's court shall recognize the emergency situation stipulated in Article 169 of the Civil Code.

 

　　 Article 27   If the unauthorized agency act has not been ratified and the counterparty requests the actor to perform the debt or compensate for the loss, the actor shall bear the burden of proving that the counterparty knew or should have known that the actor had no right of agency. If the actor cannot prove it, the people's court shall support the corresponding litigation request of the counterparty in accordance with the law; if the actor can prove it, the people's court shall determine the responsibility of the actor and the counterparty in accordance with their respective faults.

 

　　 Article 28   If the following conditions are met at the same time, the people's court may determine that the counterparty stipulated in Article 172 of the Civil Code has reason to believe that the actor has the right of agency:

 

　　(1) There is an appearance of the right of agency;

 

　　(2) The counterparty did not know that the actor had no right of agency at the time of the act, and was not at fault.

 

　　If a dispute arises as to whether an apparent agency constitutes, the counterparty shall bear the burden of proving that the unauthorized agency meets the conditions stipulated in item (1) of the preceding paragraph; the principal shall bear the burden of proving that the counterparty does not meet the conditions stipulated in item (2) of the preceding paragraph.

 

　　 Article 29   If the legal representative or the principal makes a statement of ratification to the counterparty in accordance with the provisions of Articles 145 and 171 of the Civil Code, the people's court shall confirm the effective date of the ratification statement in accordance with the provisions of Article 137 of the Civil Code.

 

　　 VII. Civil Liability

 

　　 Article 30   The act of taking measures against a person who commits an infringing act in order to protect the national interest, the public interest of the society, the personal rights, property rights and other legitimate rights and interests of oneself or others from ongoing illegal infringement shall be recognized as legitimate defense as stipulated in Article 181 of the Civil Code.

 

　　 Article 31   In determining whether legitimate defense exceeds the necessary limit, the people's court shall comprehensively consider the nature, means, intensity, degree of harm of the illegal infringement, and the timing, means, intensity, and harmful consequences of the defense.

 

　　After hearing the case, if the legitimate defense does not exceed the necessary limit, the people's court shall determine that the person who is legitimately defending shall not be liable. If the legitimate defense exceeds the necessary limit, the people's court shall determine that the person who is legitimately defending shall bear partial responsibility within the scope of the undue damage caused; if the person who commits the infringing act requests the person who is legitimately defending to bear full responsibility, the people's court shall not support it.

 

　　If the person who commits the infringing act cannot prove that the defensive act caused undue damage, and only claims that the defense is excessive on the grounds that the method and intensity of the counterattack taken by the person who is legitimately defending are not commensurate with the illegal infringement, the people's court shall not support it.

 

　　 Article 32   Emergency measures taken out of necessity in order to protect the national interest, the public interest of the society, the personal rights, property rights and other legitimate rights and interests of oneself or others from imminent danger shall be recognized as emergency avoidance as stipulated in Article 182 of the Civil Code.

 

　　 Article 33   In determining whether the emergency avoidance measures are improper or exceed the necessary limit, the people's court shall comprehensively consider the nature and urgency of the danger, the rights and interests protected by the avoidance act, and the consequences of the damage caused.

 

　　After hearing the case, if the emergency avoidance measures are proper and do not exceed the necessary limit, the people's court shall determine that the person who is avoiding the emergency shall not be liable. If the emergency avoidance measures are improper or exceed the necessary limit, the people's court shall determine the corresponding responsibilities of the person who is avoiding the emergency within the scope of the undue damage caused, based on the degree of fault of the person who is avoiding the emergency, the magnitude of the causation of the avoidance measures, and whether the person who is avoiding the emergency is the beneficiary.

 

　　 Article 34   If a victim suffers damage as a result of protecting the civil rights and interests of others, and the victim requests the beneficiary to provide appropriate compensation in accordance with the provisions of Article 183 of the Civil Code, the people's court may determine the amount of compensation to be borne by the beneficiary based on factors such as the losses suffered by the victim and the amount of compensation received, the amount of benefit received by the beneficiary, and the beneficiary's economic conditions.

 

　　 VIII. Statute of Limitations

 

　　 Article 35   The three-year statute of limitations period stipulated in the first paragraph of Article 188 of the Civil Code shall be subject to the provisions of the Civil Code on the suspension and interruption of the statute of limitations, and shall not be subject to the provisions on extension. The twenty-year period stipulated in the second paragraph of this article shall not be subject to the provisions on suspension and interruption.

 

　　 Article 36   If the rights of a person without civil capacity or a person with limited civil capacity are infringed, the statute of limitations shall be calculated from the date when his legal representative knows or should have known that the rights have been infringed and the obligor, unless otherwise provided by law.

 

　　 Article 37   If the rights of a person without civil capacity or a person with limited civil capacity are infringed by the original legal representative, and the corresponding civil subject only knows or should have known that the rights have been infringed after obtaining or restoring full civil capacity or after the original legal representation is terminated and a new legal representative is determined, the calculation of the statute of limitations for the relevant claims shall be subject to the provisions of the second paragraph of Article 188 of the Civil Code and Article 36 of this Interpretation.

 

　　 Article 38   After the statute of limitations is interrupted in accordance with the provisions of Article 195 of the Civil Code, if the cause of interruption stipulated in Article 195 occurs again during the new statute of limitations period, it may be determined that the statute of limitations is interrupted again.

 

　　If the right holder makes a request for performance to the agent, property custodian or estate administrator of the obligor, it may be determined as an interruption of the statute of limitations as stipulated in Article 195 of the Civil Code.

 

　　 IX. Supplementary Provisions

 

　　 Article 39   This Interpretation shall come into force on March 1, 2022.

 

　　For civil cases arising from legal facts after the implementation of the Civil Code, this Interpretation shall apply if the case has not been finally concluded after the implementation of this Interpretation; this Interpretation shall not apply if the case has been finally concluded before the implementation of this Interpretation and the parties apply for retrial or the retrial is decided in accordance with the trial supervision procedure.

 

 

 

On February 25, 2022, the Supreme People's Court issued the \"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Civil Code of the People's Republic of China\" (hereinafter referred to as the General Provisions Judicial Interpretation). The formulation of the General Provisions Judicial Interpretation is an important measure for the Supreme People's Court to thoroughly study and implement Xi Jinping's thought on the rule of law, effectively implement the Civil Code, protect the legitimate rights and interests of civil subjects in accordance with the law, and ensure the unified and correct application of the law. The person in charge of the Research Office of the Supreme People's Court answered questions from reporters on issues related to the General Provisions Judicial Interpretation.

 

 

The following is the content of the Q&A

 

 

1. Question: General Secretary Xi Jinping pointed out that it is necessary to combine the rule of law and the rule of virtue, and integrate the core socialist values into the construction of the rule of law. It is reported that this General Provisions Judicial Interpretation particularly emphasizes promoting the core socialist values. In which aspects is this mainly reflected?

 

Answer: General Secretary Xi Jinping pointed out that it is necessary to promote the integration of core socialist values into all aspects of legislation, law enforcement, justice, and law-abiding, so that the socialist rule of law becomes good law and good governance. The General Provisions Judicial Interpretation practices the core socialist values throughout. Specifically, it is mainly reflected in the following aspects:

 

First, advocate civilized concepts and promote good social ethics. With the development of the times, the connotation of rights is becoming richer and the ways of exercising them are becoming more diverse. At the same time, cases of abuse of rights also occur from time to time. For example, some civil subjects install cameras to film and peep into other people's private activities in order to protect their own rights and interests, which constitutes an infringement on other people's right to privacy. Based on practical needs, and on the basis of comprehensively considering the opinions of all parties, Article 3 of this Interpretation makes provisions on the specific identification and legal consequences of abuse of civil rights, providing a unified adjudication standard for the trial of relevant cases, and also playing a behavioral guiding role, promoting the formation of a good ethos of exercising rights in accordance with the law and in a civilized manner.

 

Second, practice the concept of equality and refine the rules for protecting rights. This Interpretation places equal protection of rights, especially the rights of natural persons, in a prominent position. For example, the guardianship system is refined in accordance with the \"principle of the best interests of the ward\", the protection of bona fide counterparties is strengthened in the part of civil legal acts and agency system, and the statute of limitations for the right of persons without or with limited capacity for civil conduct to be damaged is refined in the part of the statute of limitations.

 

Third, implement the principle of good faith and maintain transaction security. The principle of good faith is an important embodiment of the core socialist values in the civil legal system. The General Provisions Judicial Interpretation's identification rules on abuse of rights, major misunderstandings, fraud, apparent agency, etc., all implement the requirements of the principle of good faith. For example, Article 21 of this Interpretation clarifies that intentionally failing to inform when under an obligation to inform can be identified as fraud, based on inheriting the relevant provisions on fraud in the original \"Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Civil Law General Principles of the People's Republic of China (Trial Implementation)". The source of the obligation to inform here includes legal provisions, transaction customs, and the principle of good faith, etc.

 

Fourth, commend friendly character and encourage good people and good deeds. This interpretation elaborates on the civil liability section, clarifying that defenders are only partially liable for undue damage caused by excessive defense. It also clarifies the rules for determining appropriate compensation for beneficiaries of acts of bravery. The primary goal is to encourage citizens to actively protect their own and others' legal rights by clarifying the standards for determination and allocation of responsibility. These rules articulate the judicial stance on what society should promote, oppose, and prohibit, embodying the values of "promoting truth, goodness, and beauty, and condemning falsehood, evil, and ugliness." This will help the judicial decisions to evaluate, guide, and standardize conduct.

 

2. Question: The General Provisions is the general outline of the Civil Code and has a leading and fundamental role. The application relationship between the General Provisions of the Civil Code and the various parts, the Civil Code and other civil and commercial laws, and the application of the basic principles of the Civil Code have always received widespread attention. May I ask, how does this Interpretation consider this issue?

 

Answer: The Civil Code has strict logic and a scientific system. The majority of judges should firmly establish the thinking of codification, accurately grasp the \"general\" laws and characteristics of the General Provisions of the Civil Code, accurately grasp the relationship between the Civil Code and other civil laws, and accurately grasp the relationship between the various parts of the Civil Code and the specific norms and basic principles of civil law. Based on the leading position of the General Provisions in the Civil Code, responding to the above issues naturally becomes the top priority of the provisions of this Interpretation. In this regard, after extensive research and argumentation, we made special provisions in Article 1 of this Interpretation.

 

First, the application relationship between the General Provisions and other parts. The other parts of the Civil Code mainly revolve around specific rights, and belong to specific provisions relative to the chapter on civil rights in the General Provisions, and the provisions of each part shall apply; while the provisions on civil capacity, civil capacity for conduct, etc. in the General Provisions do not have corresponding specific provisions in other parts, and at this time the provisions of the General Provisions have direct application effect. Although some rules are not provided in other parts, the provisions of the General Provisions shall not apply according to the nature of the civil legal relationship.

 

Second, the application relationship between the Civil Code and other civil laws. For the same civil relationship, the provisions of other civil laws are a refinement of the corresponding provisions of the Civil Code, or the Civil Code clearly stipulates that other laws shall apply, the provisions of that law shall apply. For example, Article 1165, Paragraph 2 of the Civil Code stipulates: \"If the actor is presumed to be at fault in accordance with the provisions of the law, and he cannot prove that he is not at fault, he shall bear tort liability.\" Article 69, Paragraph 1 of the Personal Information Protection Law clearly stipulates that the handling of personal information infringes on personal information rights and interests and causes damage, the principle of presumption of fault liability applies. For such disputes, the provisions of the Personal Information Protection Law shall apply. This is to further clarify the legal application relationship between the Civil Code and other civil laws in compliance with the provisions of Article 11 of the Civil Code under the premise of conforming to the spirit of Article 94 of the Legislation Law.

 

Third, the application relationship between specific provisions and basic principles. Whether the basic principles stipulated in the Civil Code can be directly used as adjudication norms and how to use them as adjudication norms has always been controversial. Article 1, Paragraph 3 of this Interpretation clarifies that if the law has specific provisions, the specific provisions \"shall\" apply; when the law does not have specific provisions, the basic principles \"may be followed\" on the basis of sorting out relevant academic achievements, practical practices, and opinions of all parties. The use of the expression \"may be followed\" makes the content of the article more inclusive, and is also consistent with the practice of using legal interpretation methods to determine the application or reference to other specific provisions when the law does not have specific provisions.

 

3. Question: The healthy growth of minors has always been a common concern of the whole society. The guardianship system is a highlight of the Civil Code and is of great significance for protecting the legitimate rights and interests of minors. May I ask, how does this Interpretation respond to practical needs and implement this highlight?

 

Answer: Minors are the future of the country and the hope of the nation. The healthy growth of minors is related to the happiness and well-being of hundreds of millions of families and the harmony and stability of society.

 

The General Provisions of the Civil Code has a special chapter on guardianship under Chapter Two, Natural Persons, which further clarifies the legal obligations between parents and children and is conducive to protecting the healthy growth of minor children. In order to practice the principle of the best interests of the ward and accurately apply the guardianship system of the Civil Code, this interpretation provides for 8 articles specifically. For example, regarding the designation of a guardian by will, considering that the ward is a minor, if one of the parents of the ward designates a guardian by will, there is controversy in practice as to whether the other parent with guardianship ability should serve as the guardian according to statutory guardianship when the will takes effect, or whether the guardian should be determined according to the will. In order to avoid a guardianship vacuum for minor children, Article 7, Paragraph 2 of this Interpretation clarifies that the parent with guardianship ability is the natural statutory guardian at this time. For another example, regarding the agreement to determine the guardian, Article 8, Paragraph 1 of this Interpretation clearly stipulates that parents with guardianship ability shall not be exempted from their guardianship responsibilities for minor children through an agreement on guardianship. For another example, regarding the delegation of guardianship responsibilities, in order to prevent guardians from evading their guardianship responsibilities, Article 13 of this Interpretation clarifies that the trustee does not become a guardian due to the delegation of guardianship responsibilities, and emphasizes that the status of the guardian does not change due to the delegation of guardianship responsibilities.

 

In addition, Article 5 of this Interpretation regarding the determination of whether the behavior is appropriate to age, intelligence, and mental health, as well as Articles 37 and 38 regarding the calculation of the statute of limitations for persons without civil capacity and persons with limited civil capacity, and the supplementary provisions on the statute of limitations for legal representatives, are also reflections of the principle of maximizing the interests of minors.

 

4. Question: We have noticed that Article 29 of this Interpretation makes special provisions for the specific application of apparent agency. Can you introduce the considerations for formulating this article?

 

Answer: The apparent agency system is an important system for the protection of trust, and it plays an important role in protecting the interests of bona fide counterparties and maintaining transaction security. How to determine "the counterparty has reason to believe that the actor has the power of agency" is the key issue in applying the apparent agency system. In this regard, Article 28, Paragraph 1 of this Interpretation is based on Article 13 of the Guiding Opinions on Several Issues Concerning the Trial of Civil and Commercial Contract Dispute Cases Under the Current Situation, combined with theoretical research results and judicial practice experience, and clarifies the two conditions for determining "the counterparty has reason to believe that the actor has the power of agency": First, there is an appearance of the power of agency; second, the counterparty does not know that the actor does not have the power of agency at the time of the act, and is not at fault. The determination of the above two situations needs to be comprehensively judged in combination with the objective appearance factors of authorized agency, such as contracts, official seals, and imprints, as well as factors such as the time of conclusion of the contract, who signed the name, whether it is affixed with relevant seals and the authenticity of the seals, and the method and location of delivery of the subject matter.

 

In addition, Article 28, Paragraph 2 of this Interpretation also clarifies that the counterparty bears the burden of proof for the appearance of the power of agency when the actor performs civil legal acts, and the principal bears the burden of proof that the counterparty does not constitute good faith. This rule not only absorbs the experience and practices in judicial practice and the research results of the academic community, but also is consistent with the basic ideas of the Interpretation of the Property Law of the Civil Code on bona fide acquisition.