Page 198 - 2021 White Paper
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1 White Paper on the Business Environment in China
corresponding to the Contract Law, Article 114, only family11, inheritance12, construction contracts13 and
revised a part of this, while the actual meaning labor disputes14.
has not changed. Therefore, prior to the notice of
publications of the new judicial interpretation or The Civil Code amended nine prior laws, which were
the revocation, such judicial interpretation remains incorporated in the Code, after implementation
valid. Fifth, if the interpretations involve other and effect, in principle, and regulate legal
related laws that are or will be amended, they will behavior after the Civil Code comes into effect.
be revised after the amendment of the laws, such Several Provisions of the Supreme People's Court
as certain judicial interpretations related to the on the Application of the Statute of Limitations in
Company Law.7” the Civil Code of the People's Republic of China
provides that: “civil disputes arising from legal
In this regard, on 30th December 2020, facts after the implementation of the Civil Code
the Supreme People's Court announced shall apply the provisions of the Civil Code. Civil
the comprehensive “cleaning up” of its prior disputes arising from legal facts before the
explanation of laws. 364 items consistent with implementation of the Civil Code, shall apply the
the provisions of the Civil Code have not been provisions of the laws and judicial interpretations
modified and will continue to be applicable; 111 then in force, unless otherwise provided by the
items required changes of some provisions in l aws a n d j u d i c i a l i n te r p re t at i o n s." 15 H owe ve r,
accordance with the Civil Code, will come into the Legislation Law, Article 93 states that “laws,
force on 1st January 2021 after being revised and administrative regulations, local regulations,
promulgated; and 116 judicial interpretations will autonomous regulations, separate regulations
be cancelled. and rules shall not be retroactive, except for
the special provisions developed for the better
The 111 revised judicial interpretations protection of the rights and interests of citizens,
include 27 related to civil matters, 29 related to legal persons and other organizations.” This so
commercial matters, 18 related to intellectual called “favorable retroactivity” will show up in the
property, 19 related to litigation and 18 related to “doctrine of observing old laws and new ones with
enforcement. lighter punishment” in the application of criminal
law. However, in the application of civil law, there
Of the 116 judicial interpretations that were is no unified regulations regarding “favorable
cancelled, 24 of them have new corresponding retroactivity” will depend on the specific situations
judicial interpretations at the time of abolishment, and on whether the Civil Code or the laws then
and 3 of them will have new corresponding judicial in force are more beneficial for protection of a
interpretations in time. party ’s rights and interests. Several Provisions
of the Supreme People's Court on the Application
At the same time, the Supreme People's Court of the Statute of Limitations in the Civil Code of
issued 7 new judicial interpretations supporting the People's Republic of China provides that “if a
the Civil Code, which will be implemented contract concluded before the implementation
simultaneously with the Civil Code on 1st January of the Civil Code that was considered to be invalid
2021, involving the statute of limitations8,
guarantees9, property rights10, marriage and Application of the Property Rights Chapter in the Civil
Code of the People's Republic of China (1)
7 The Speech titled Implementation of the Civil Code and 11 Interpretation of the Supreme People's Court on the
the Cleaning up and Draft of Judicial Interpretation made Application of Marriage and Family Chapter in the Civil
by Ren Guofeng, Deputy Director of the Research Office Code of the People's Republic of China
of the Supreme People’s Court, at the seminar regarding 12 Interpretation of the Supreme People's Court on the
the major issues on application of the Civil Code, on 27th Application of the Inheritance Chapter of the Civil Code of
November 2020 the People's Republic of China (1)
8 Several Provisions of the Supreme People's Court on 13 Interpretation of the Supreme People's Court on the
the Application of Statute of Limitations in the Civil Code Application of Law in Review of Construction Contract
of the People's Republic of China Disputes (1)
9 Interpretation of the Supreme People's Court on the 14 Interpretation of the Supreme People's Court on the
Application of the Guarantee System in the Civil Code of Application of Law in Review of Labor Dispute Cases (1)
the People's Republic of China 15 Several Provisions of the Supreme People's Court on
10 Interpretation of the Supreme People's Court on the the Application of the Statute of Limitations in the Civil
Code of the People's Republic of China, Article 1
198
corresponding to the Contract Law, Article 114, only family11, inheritance12, construction contracts13 and
revised a part of this, while the actual meaning labor disputes14.
has not changed. Therefore, prior to the notice of
publications of the new judicial interpretation or The Civil Code amended nine prior laws, which were
the revocation, such judicial interpretation remains incorporated in the Code, after implementation
valid. Fifth, if the interpretations involve other and effect, in principle, and regulate legal
related laws that are or will be amended, they will behavior after the Civil Code comes into effect.
be revised after the amendment of the laws, such Several Provisions of the Supreme People's Court
as certain judicial interpretations related to the on the Application of the Statute of Limitations in
Company Law.7” the Civil Code of the People's Republic of China
provides that: “civil disputes arising from legal
In this regard, on 30th December 2020, facts after the implementation of the Civil Code
the Supreme People's Court announced shall apply the provisions of the Civil Code. Civil
the comprehensive “cleaning up” of its prior disputes arising from legal facts before the
explanation of laws. 364 items consistent with implementation of the Civil Code, shall apply the
the provisions of the Civil Code have not been provisions of the laws and judicial interpretations
modified and will continue to be applicable; 111 then in force, unless otherwise provided by the
items required changes of some provisions in l aws a n d j u d i c i a l i n te r p re t at i o n s." 15 H owe ve r,
accordance with the Civil Code, will come into the Legislation Law, Article 93 states that “laws,
force on 1st January 2021 after being revised and administrative regulations, local regulations,
promulgated; and 116 judicial interpretations will autonomous regulations, separate regulations
be cancelled. and rules shall not be retroactive, except for
the special provisions developed for the better
The 111 revised judicial interpretations protection of the rights and interests of citizens,
include 27 related to civil matters, 29 related to legal persons and other organizations.” This so
commercial matters, 18 related to intellectual called “favorable retroactivity” will show up in the
property, 19 related to litigation and 18 related to “doctrine of observing old laws and new ones with
enforcement. lighter punishment” in the application of criminal
law. However, in the application of civil law, there
Of the 116 judicial interpretations that were is no unified regulations regarding “favorable
cancelled, 24 of them have new corresponding retroactivity” will depend on the specific situations
judicial interpretations at the time of abolishment, and on whether the Civil Code or the laws then
and 3 of them will have new corresponding judicial in force are more beneficial for protection of a
interpretations in time. party ’s rights and interests. Several Provisions
of the Supreme People's Court on the Application
At the same time, the Supreme People's Court of the Statute of Limitations in the Civil Code of
issued 7 new judicial interpretations supporting the People's Republic of China provides that “if a
the Civil Code, which will be implemented contract concluded before the implementation
simultaneously with the Civil Code on 1st January of the Civil Code that was considered to be invalid
2021, involving the statute of limitations8,
guarantees9, property rights10, marriage and Application of the Property Rights Chapter in the Civil
Code of the People's Republic of China (1)
7 The Speech titled Implementation of the Civil Code and 11 Interpretation of the Supreme People's Court on the
the Cleaning up and Draft of Judicial Interpretation made Application of Marriage and Family Chapter in the Civil
by Ren Guofeng, Deputy Director of the Research Office Code of the People's Republic of China
of the Supreme People’s Court, at the seminar regarding 12 Interpretation of the Supreme People's Court on the
the major issues on application of the Civil Code, on 27th Application of the Inheritance Chapter of the Civil Code of
November 2020 the People's Republic of China (1)
8 Several Provisions of the Supreme People's Court on 13 Interpretation of the Supreme People's Court on the
the Application of Statute of Limitations in the Civil Code Application of Law in Review of Construction Contract
of the People's Republic of China Disputes (1)
9 Interpretation of the Supreme People's Court on the 14 Interpretation of the Supreme People's Court on the
Application of the Guarantee System in the Civil Code of Application of Law in Review of Labor Dispute Cases (1)
the People's Republic of China 15 Several Provisions of the Supreme People's Court on
10 Interpretation of the Supreme People's Court on the the Application of the Statute of Limitations in the Civil
Code of the People's Republic of China, Article 1
198
