(Interview between the two sessions) From the application of the Civil Code to "Fighting Tigers", the president of Tianjin Higher People's Court said "small cases" and "big cases"

　　Chinanews.com, Beijing, March 10th, title: From the application of the Civil Code to "Tiger Fighting", the president of Tianjin Higher Court said "small cases" and "big cases"

　　Reporter Zhang Su

　　Li Jing, deputy to the National People's Congress and president of the Tianjin Higher People's Court, was interviewed by reporters during the National People's Congress and first talked about a "small case" of "who inherits the inheritance" tried by the Tianjin court.

　　The facts of the case showed that the applicant Liu and Xu were friends, and Xu borrowed 2 million yuan from the applicant due to difficulties in fund turnover, but it was not repaid.

Xu committed suicide by jumping off the building in April 2020.

The applicant Liu applied to the court as an interested person on the grounds that Xu had no heir after his death, requesting the appointment of the civil affairs department of Xu's residence as Xu's estate administrator.

　　After the court accepted the case, it was confirmed that Xu had no heir after his death. According to Article 1145 of the Civil Code, “If there is no heir or the heirs give up the inheritance, the civil affairs department or the village committee of the previous residence of the decedent shall be responsible for the management of the estate. People", the decision to designate the Civil Affairs Bureau as Xu's estate administrator.

　　Li Jing said that this is the first "designated estate administrator case" concluded by the Tianjin court after the implementation of the Civil Code.

With the development of social economy, people have more and more types and forms of property, and the unstable factors of property status also increase.

When the debtor dies, and there is no heir or the heir gives up the inheritance, how to protect the interests of the creditor has become the focus of attention.

The sixth chapter of the Civil Code set up the inheritance administrator system for the first time, clearly stipulating the selection, designation, responsibilities, civil responsibilities, and the right to obtain remuneration of the inheritance administrator, which is conducive to the equal protection of the interests of heirs and creditors. Ensure transaction security.

　　"The trial of this case demonstrates the people-oriented value pursuit of the Civil Code, which has typical judicial value and social significance." She said that since the implementation of the Civil Code, Tianjin Court has accepted 66 new cases in the Civil Code.

　　Behind the case, the Tianjin court took the study and implementation of the Civil Code as the top priority to strengthen the construction of judicial business and improve the level of civil adjudication capabilities.

Measures adopted include, but are not limited to, launching the "People's Court Lecture Hall", the Civil Code Series "Judge Salon", holding civil code lectures and knowledge contests, setting up a civil code corridor, shooting a small video about law popularization, "sending law to the countryside", etc. form.

　　Li Jing said that he pays attention to both the changes in the original clauses and the addition of innovative content, and strives to improve the people's courts' ability and level of using the civil code to protect the rights of the people, resolve conflicts and disputes, and promote social harmony and stability.

　　In fact, while paying attention to the "small cases" of people's livelihood, the Tianjin Higher People's Court will also undertake "big cases".

　　"Anti-corruption concerns the survival of the party and the country. It is a political struggle that cannot and must not be lost." Li Jing said that the Tianjin court resolutely implemented the Party Central Committee’s major decisions and arrangements on the fight against corruption. Corruption and bribery were concluded in the past year. There were 234 official crimes involving dereliction of duty and 558 persons, of which 59 were public officials at or above the division level.

　　The Tianjin court tried Zhao Zhengyong, Chen Guoqiang, Lai Xiaomin and other major duty crime cases designated by the Supreme People's Court in accordance with the law, and sentenced Zhao Zhengyong, the former secretary of the Shaanxi Provincial Party Committee to death and life imprisonment, and the former chairman of Huarong Company, Lai Xiaomin, sentenced to death for accepting bribes. The Party Central Committee is determined to administer the Party strictly and resolutely punish corruption.

　　Li Jing pointed out that in the trial of duty crime cases, the city’s courts have always adhered to strict and fair justice, strictly implemented the principles of statutory crimes and penalties, compliance with crimes, responsibilities, and penalties, strictly controlled the facts, evidence, and the application of the law, and earnestly implemented the revised Criminal Procedure Law. , Actively adapt to the new situation brought about by the reform of the national supervision system, and promote the organic connection between criminal justice and national supervision.

Protect all litigation rights of defendants and defenders in accordance with the law, respect and protect lawyers' performance of their duties in accordance with the law, and ensure that they are not in vain.

　　"The rule of law rejuvenates the country, and a strong rule of law rejuvenates the country."

Looking forward to the focus of work this year and even longer, Li Jing mentioned "how to drive development around service guarantee innovation and strengthen judicial protection of intellectual property rights."

　　In 2020, Tianjin courts concluded 8,149 intellectual property cases, and signed diversified opinions on intellectual property disputes with 6 units including the Intellectual Property Office, forming an overall joint effort to protect intellectual property rights.

　　Li Jing said that the Tianjin court will further enhance the awareness of intellectual property protection, increase judicial protection of key core technologies, emerging industries, and well-known brands to stimulate independent innovation; implement a punitive compensation system, increase the cost of intellectual property infringement, and properly Hearing intellectual property infringement cases involving new technologies and new business formats, ensuring technological innovation in accordance with the law; deepening reform and innovation in the field of intellectual property trials, accelerating the improvement of the "three-in-one" trial mechanism for intellectual property rights, optimizing the allocation of trial resources, and improving the level of judicial protection of intellectual property rights .

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