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- ?©å??©ç??????????å®??å¤??????ç§??è°???
pretation or the revocation, such judicial interpretation ???æº?????????????ä¸?¡¨?°ä¸º????§å?ä»?
remains valid. Fifth, if the interpretations involve other è½»â???ä½??æ³?????ä¸???´æ²¡???ä¸??ä¸????
related laws that are or will be amended, they will be ?????è¦?????ä½???µå?ä½?????????????
revised after the amendment of the laws, such as certain æ³????????äº??äº?ºº??????????¤è?????
judicial interpretations related to the Company Law.7?? ?¨å??¶ç?æ³???´æ??©ä?å½??人æ????ä¿?????
å¦?????é«?ººæ°???¢å?äº????<ä¸??人æ??±å?
In this regard, on 30th December 2020, the Supreme ?½æ?æ³??>?¶é???????å¹²è?å®????å®?????
People?? Court announced the comprehensive ??lean- æ³???½è????ç«?????,???å½?????å¾????
ing up?? of its prior explanation of laws. 364 items con- æ³?§£???è§?????????????æ°???¸ç?è§????
sistent with the provisions of the Civil Code have not ??????,???æ°???¸ç??¸å?è§??????16?? æ°?
been modified and will continue to be applicable; 111 æ³???½è????ç«?????,????¼å??¡æ?ä¸??¹æ?
items required changes of some provisions in accor- å±¥è???¤º??????????,æ¶???¼å??¡æ????è®?
dance with the Civil Code, will come into force on 1st å®??,???æ°???¸ç????ä¹????????å®?????17
January 2021 after being revised and promulgated; and
116 judicial interpretations will be cancelled. 16 ???é«?ººæ°???¢å?äº????<ä¸??人æ??±å??½æ?æ³??>??
?´æ?????¥å¹²è§????????
The 111 revised judicial interpretations include 27 re- 17 ???é«?ººæ°???¢å?äº????<ä¸??人æ??±å??½æ?æ³??>??
lated to civil matters, 29 related to commercial matters, ?´æ?????¥å¹²è§?????ä¹??
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?? 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?? 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?? Court on the Application
of Statute of Limitations in the Civil Code of the People?? Republic of
China
9 Interpretation of the Supreme People?? Court on the Application
of the Guarantee System in the Civil Code of the People?? Republic of
China
10 Interpretation of the Supreme People?? Court on the Application of
the Property Rights Chapter in the Civil Code of the People?? Republic
of China (1)

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