Page 10 - 2021 Policy Watch

Policy Watch: A Milestone in Legal Development: China Promulgates a Civil Code

to the notice of publications of the new judicial inter- 鍒╁拰鍒╃泭鑰屼綔鐨勭壒鍒瀹氶櫎澶栥€傗€濇绉嶆墍璋撯€�
pretation or the revocation, such judicial interpretation 鏈夊埄婧強鈥濆湪鍒戞硶鐨勯€傜敤涓婅〃鐜颁负鈥滀粠鏃у吋浠�
remains valid. Fifth, if the interpretations involve other 杞烩€濓紝浣嗘皯娉曠殑閫傜敤涓婏紝鍗存病鏈変竴涓粺涓€鐨勮
related laws that are or will be amended, they will be 鍒欙紝闇€瑕佹牴鎹叿浣撴儏鍐靛叿浣撳垎鏋愶紝鐪嬮€傜敤銆婃皯
revised after the amendment of the laws, such as certain 娉曞吀銆嬫洿鏈夊埄浜庡綋浜嬩汉鍚堟硶鏉冪泭鐨勪繚鎶よ繕鏄€�
judicial interpretations related to the Company Law.7鈥� 鐢ㄥ綋鏃剁殑娉曞緥鏇存湁鍒╀簬褰撲簨浜烘潈鐩婄殑淇濇姢銆備緥
濡傦紝銆婃渶楂樹汉姘戞硶闄㈠叧浜庨€傜敤<涓崕浜烘皯鍏卞拰
In this regard, on 30th December 2020, the Supreme 鍥芥皯娉曞吀>鏃堕棿鏁堝姏鐨勮嫢骞茶瀹氥€嬭瀹氾紝鈥滄皯
People鈥檚 Court announced the comprehensive 鈥渃lean- 娉曞吀鏂借鍓嶆垚绔嬬殑鍚堝悓,閫傜敤褰撴椂鐨勬硶寰嬨€佸徃
ing up鈥� of its prior explanation of laws. 364 items con- 娉曡В閲婄殑瑙勫畾鍚堝悓鏃犳晥鑰岄€傜敤姘戞硶鍏哥殑瑙勫畾鍚�
sistent with the provisions of the Civil Code have not 鍚屾湁鏁堢殑,閫傜敤姘戞硶鍏哥殑鐩稿叧瑙勫畾銆傗€�16鈥� 姘�
been modified and will continue to be applicable; 111 娉曞吀鏂借鍓嶈绔嬬殑鍚堝悓,鎻愪緵鏍煎紡鏉℃涓€鏂规湭
items required changes of some provisions in accor- 灞ヨ鎻愮ず鎴栬€呰鏄庝箟鍔�,娑夊強鏍煎紡鏉℃鏁堝姏璁�
dance with the Civil Code, will come into force on 1st 瀹氱殑,閫傜敤姘戞硶鍏哥鍥涚櫨涔濆崄鍏潯鐨勮瀹氥€傗€�17
January 2021 after being revised and promulgated; and
116 judicial interpretations will be cancelled. 16 銆婃渶楂樹汉姘戞硶闄㈠叧浜庨€傜敤<涓崕浜烘皯鍏卞拰鍥芥皯娉曞吀>鏃�
闂存晥鍔涚殑鑻ュ共瑙勫畾銆嬬鍏潯
The 111 revised judicial interpretations include 27 re- 17 銆婃渶楂樹汉姘戞硶闄㈠叧浜庨€傜敤<涓崕浜烘皯鍏卞拰鍥芥皯娉曞吀>鏃�
lated to civil matters, 29 related to commercial matters, 闂存晥鍔涚殑鑻ュ共瑙勫畾銆嬬涔濇潯
18 related to intellectual property, 19 related to litiga-
tion and 18 related to enforcement.

Of the 116 judicial interpretations that were cancelled,
24 of them have new corresponding judicial interpre-
tations at the time of abolishment, and 3 of them will
have new corresponding judicial interpretations in
time.

At the same time, the Supreme People鈥檚 Court issued 7
new judicial interpretations supporting the Civil Code,
which will be implemented simultaneously with the
Civil Code on 1st January 2021, involving the statute
of limitations8, guarantees9, property rights10, marriage

7 The Speech titled Implementation of the Civil Code and the Clean-
ing up and Draft of Judicial Interpretation made by Ren Guofeng,
Deputy Director of the Research Office of the Supreme People鈥檚 Court,
at the seminar regarding the major issues on application of the Civil
Code, on 27th November 2020
8 Several Provisions of the Supreme People鈥檚 Court on the Application
of Statute of Limitations in the Civil Code of the People鈥檚 Republic of
China
9 Interpretation of the Supreme People鈥檚 Court on the Application
of the Guarantee System in the Civil Code of the People鈥檚 Republic of
China
10 Interpretation of the Supreme People鈥檚 Court on the Application of
the Property Rights Chapter in the Civil Code of the People鈥檚 Republic
of China (1)

10