The person in charge of the Supreme Law Research Office answered reporters' questions on the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Civil Code of the People's Republic of China"
On February 25, 2022, the Supreme People's Court issued the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Civil Code of the People's Republic of China (hereinafter referred to as the Judicial Interpretation of the General Provisions).
The formulation of judicial interpretations for the general provisions is an important measure taken by the Supreme People's Court to thoroughly study and implement Xi Jinping's thought on the rule of law, effectively implement the Civil Code, protect the legitimate rights and interests of civil subjects in accordance with the law, and ensure the uniform and correct application of laws.
The person in charge of the Research Office of the Supreme People's Court answered questions from reporters on the judicial interpretation of the General Provisions.
1. Q: General Secretary Xi Jinping pointed out that it is necessary to adhere to the combination of governing the country by law and governing the country by virtue, and integrate the socialist core values into the construction of the rule of law. It is reported that the judicial interpretation of the General Provisions specially emphasizes the promotion of the core socialist values. What are the main aspects of this?
A: General Secretary Xi Jinping pointed out that it is necessary to promote the core socialist values in all aspects of legislation, law enforcement, judiciary and law-abiding, so that the socialist rule of law can become good law and good governance.
The judicial interpretation of the General Provisions has practiced the core socialist values throughout.
It is mainly reflected in the following aspects:
The first is to advocate the concept of civilization and promote good social customs.
With the development of the times, the connotation of rights has become increasingly rich, and the ways of exercising them have become more diverse. At the same time, abuse of rights also occurs from time to time.
For example, in order to protect their own rights and interests, some civil subjects install cameras to shoot and spy on other people's private activities, which constitutes an infringement of the privacy rights of others.
According to practical needs and on the basis of synthesizing the opinions of all parties, Article 3 of this Interpretation stipulates the specific determination and legal consequences of abuse of civil rights, provides a unified judgment standard for the trial of relevant cases, and also plays a behavior-oriented role and promotes the formation of The good manner of exercising rights in a civilized manner in accordance with the law.
The second is to practice the concept of equality and refine the rules of rights protection.
This interpretation places equal protection rights, especially the rights of natural persons, in a prominent position.
For example, the guardianship system is refined according to the "principle that is most beneficial to the ward", the protection of bona fide counterparties is strengthened in the part of civil legal acts and agency systems, and the limitation of action for persons without civil capacity or restrictions Rules for the commencing of the limitation period when the rights of persons with civil capacity are damaged.
The third is to implement the principle of good faith and maintain transaction security.
The principle of good faith is an important manifestation of the socialist core values in the civil legal system.
The judicial interpretation of the General Provisions has implemented the requirements of the principle of good faith with regard to the identification rules of abuse of rights, major misunderstanding, fraud, and apparent agency.
For example, Article 21 of this Interpretation, on the basis of inheriting the original "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (Trial)" on fraud, clarifies that those who are obliged to inform but deliberately fail to inform , can be considered fraudulent.
The sources of disclosure obligations here include legal provisions, transaction habits, and principles of good faith.
The fourth is to praise friendly character and encourage good people to do good deeds.
This Interpretation makes detailed provisions in the civil liability section, clarifying that if excessive defense causes undue damage, the defender only bears part of the responsibility, and the rules for determining the appropriate compensation amount for the beneficiary bravely.
The main purpose is to encourage civil subjects to actively protect the legitimate rights and interests of themselves and others in accordance with the law by clearly identifying standards and assuming responsibilities.
These rules clarify the attitude of the judiciary on what should be promoted, opposed, and prohibited in social life, embodying the value orientation of "promoting the truth, the good and the beautiful, and flogging the false and the ugly", and are conducive to the evaluation, guidance and normative functions of judicial adjudication. .
2. Question: The General Provisions is the general outline of the Civil Code, which has a guiding and fundamental role. The general provisions of the Civil Code and its sub-columns, the applicable relationship between the Civil Code and other civil and commercial laws, and the application of the basic principles of the Civil Code have always received widespread attention. How does this Interpretation consider this issue?
Answer: The Civil Code is strictly logical and scientific and systematic. The majority of judges should firmly establish a codified thinking, accurately grasp the laws and characteristics of the "General" of the General Provisions of the Civil Code, and accurately grasp the relationship between the Civil Code and other civil laws. , and accurately grasp the relationship between the various parts of the Civil Code and the specific norms and basic principles of civil law.
Based on the leading position of the General Provisions in the Civil Code, responding to the above questions naturally becomes the top priority of this Interpretation.
In this regard, after extensive research and demonstration, we have made special provisions in Article 1 of this Interpretation.
The first is about the applicable relationship between the general provisions and other parts.
The other parts of the Civil Code mainly focus on specific rights. Compared with the chapter on civil rights in the general provisions, the chapter on civil rights belongs to specific provisions, and the provisions of each part should be applied; while the provisions on civil rights capacity and capacity for civil conduct in the general provisions have no corresponding specific provisions in other parts. , at this time, the provisions of the General Provisions have direct application effect.
Although some rules are not stipulated in other parts, but according to the nature of civil legal relations, the provisions of the general provisions cannot be applied.
The second is about the applicable relationship between the Civil Code and other civil laws.
For the same civil relationship, the provisions of other civil laws are a refinement of the corresponding provisions of the Civil Code, or if the Civil Code clearly stipulates that other laws apply, the provisions of that law shall apply.
For example, Article 1165, paragraph 2 of the Civil Code stipulates: "According to the provisions of the law, the perpetrator is presumed to be at fault, and if he cannot prove that he is not at fault, he shall bear tort liability." Article 69, paragraph 1 of the Personal Information Protection Law clearly stipulates that If the processing of personal information infringes upon the rights and interests of personal information and causes damage, the presumption of fault shall apply.
For such disputes, the provisions of the Personal Information Protection Law shall apply.
This is under the premise of conforming to the spirit of Article 94 of the Legislative Law, and following the provisions of Article 11 of the Civil Code, to further clarify the legal application relationship between the Civil Code and other civil laws.
The third is about the applicable relationship between specific provisions and basic principles.
Whether and how the basic principles stipulated in the Civil Code can be directly used as adjudication norms has been controversial.
Paragraph 3 of Article 1 of this Interpretation, on the basis of sorting out relevant academic achievements, practical practices, and opinions of all parties, clarifies that if there are specific provisions in the law, the specific provisions "should" apply; in principle.
The expression of the basic principle of "can be followed" makes the content of the articles more inclusive, and is also consistent with the practice of using legal interpretation methods to determine the application or applying other specific provisions when there are no specific provisions in the law.
3. Q: The issue of the healthy growth of minors has always been a common concern of the whole society. The guardianship system is a highlight of the Civil Code, which is of great significance for protecting the legitimate rights and interests of minors. Excuse me, how does this interpretation respond to practical needs and implement this highlight?
A: Minors are the future of the country and the hope of the nation.
The healthy growth of minors is related to the happiness and tranquility of hundreds of millions of families, and the harmony and stability of society.
The General Provisions of the Civil Code have a special section on guardianship under Chapter 2, Natural Persons, to further clarify the legal obligations between parents and children and to protect the healthy growth of minor children.
In order to practice the principle that is most beneficial to the person under guardianship and accurately apply the guardianship system of the Civil Code, this Interpretation has specially set 8 clauses to provide for it.
For example, regarding the appointment of a guardian by a will, considering that the ward is a minor, one of the parents acting as the ward appoints the guardian through a will. When the will takes effect, will the other party with the capacity for guardianship act as the guardian according to legal guardianship, or will the guardian be appointed according to the will? Determining the guardian is controversial in practice.
In order to prevent minor children from facing a vacuum of guardianship, Paragraph 2 of Article 7 of this Interpretation clarifies that the parent who has guardianship ability at this time is the natural legal guardian.
For another example, regarding the determination of guardians by agreement, Article 8, paragraph 1 of this Interpretation clearly stipulates that parents who have guardianship capacity shall not be exempted from their guardianship duties for minor children by means of guardianship agreement.
For another example, regarding the entrusted exercise of guardianship duties, in order to prevent guardians from escaping guardianship duties, Article 13 of this Interpretation clarifies that the trustee does not become a guardian due to the entrusted exercise of guardianship duties, emphasizing that the guardian's identity will not be changed due to the entrusted exercise of guardianship duties.
In addition, Article 5 of this Interpretation deals with the determination that behavior is compatible with age, intelligence, and mental health, and Articles 37 and 38 deal with the starting of the limitation period for persons without capacity for civil conduct and persons with limited capacity for civil conduct, and for legal Rules such as supplementary provisions for the period of limitation of action for agents are also a manifestation of the principle of maximizing the interests of minors.
4. Q: We note that Article 29 of this Interpretation has made special provisions on the specific application of apparent agency. Can you tell us what you have considered in formulating this article?
A: The apparent agency system is an important system for trust protection, which plays an important role in protecting the interests of good-faith counterparties and maintaining transaction security.
How to determine "the counterparty has reason to believe that the actor has the power of agency" is the key issue in applying the apparent agency system.
In this regard, the first paragraph of Article 28 of this Interpretation is based on the provisions of Article 13 of the "Guiding Opinions on Several Issues Concerning the Trial of Civil and Commercial Contract Dispute Cases under the Current Situation", combined with theoretical research results and judicial practical experience, it is clear There are two conditions for a person to have reason to believe that the actor has the power of agency”: one is that there is the appearance of the power of agency; the other is that the counterparty does not know that the actor has no power of agency when he acts, and there is no fault.
The determination of the above two situations needs to be combined with the existence of objective representational elements such as contracts, official seals, seals, etc. that are authorized to act as agents, as well as the time of conclusion of the contract, whose name it was signed, whether it is affixed with relevant seals, and the authenticity of the seal. , the delivery method and location of the subject matter are comprehensively judged.
In addition, Paragraph 2 of Article 28 of this Interpretation also clarifies that the counterparty bears the burden of proof for the appearance of the right of agency when the actor performs a civil legal act, and the principal bears the burden of proof that the counterparty does not constitute good faith.
This rule not only absorbs the experience and practice in judicial practice and the research results of academia, but also is consistent with the basic idea of the "Civil Code Real Rights Interpretation I" on the provision of good faith acquisition.