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Legislators welcome first judicial interpretations

Updated: Mar 4, 2021 China Daily Print
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National legislators have welcomed the first batch of judicial interpretations of the Civil Code, regarding it as a strong step in promoting a fundamental and comprehensive civil law. The first batch involved seven interpretations of laws, including some related to property, labor disputes, marriage and family, and inheritance. They were released by the Supreme People's Court, the country's top court, at the end of last year. The interpretations and the code took effect on Jan 1.

The top court has reviewed 591 existing interpretations and normative documents since the code was passed by the National People's Congress, the country's top legislative body, in May.

It has revised 111 and abolished 116 that were inconsistent with the code or could not meet the new requirements for social and economic development.

Regarding the code as a milestone in the improvement of the civil legal system, Ma Yide, an NPC deputy, said the formulation and clarification of the interpretations will help judges to implement the code accurately, and thus provide solutions to pressing problems related to people's livelihoods.

The new interpretations will give courts nationwide clear guidance in handling civil cases and provide a timely unification of a standard in applying the code, according to Ma, who is a law professor at Zhongnan University of Economics and Law in Wuhan, Hubei province.

Cai Hua, an NPC deputy and a lawyer in Tianjin, praised interpretations of the law on marriage and the family, and inheritance and property, saying they will help to improve the handling of cases in a civilized and humane way.

Yang Song, an NPC deputy and vice-president of Liaoning University in Shenyang, the provincial capital, said the code's implementation is as important as the legislation it promotes.

"Having such a civil law covering every citizen's rights has been the dream of legal professionals for generations. The code will truly win support among the people only when it protects their civil rights and interests in every case," she said.

Noting that new issues will appear in the implementation of the code, Yuan Jing, an NPC deputy from Zhejiang province, called for more supporting rules to help courts apply the law.

She said she will follow the code's implementation, and is looking forward to seeing the top court apply the law effectively by providing more judicial interpretations and publishing details of highly influential cases.

 

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