China News Agency, Beijing, January 12 (Reporter Zhang Su) Since the implementation of the Civil Code, civil trials in key areas such as property rights protection, personality rights protection, intellectual property protection, and ecological environment protection have been continuously strengthened.
The Supreme People's Court of China released the second batch of typical cases on the implementation of the Civil Code by the people's courts on the 12th. Yang Wanming, vice president of the Supreme People's Court of China, said at a press conference on the same day that the purpose of releasing the cases is to better guide the people's courts to uniformly and correctly implement the Civil Code. , has always emphasized distinguishing right from wrong, punishing evil and promoting good, deciding points and stopping disputes, and resolutely saying no to the practice of "peace and mud".
Following the release of the first batch of 13 typical cases of people's courts implementing the Civil Code in February last year, the Supreme Court released 16 more typical cases this time, including "Sun Mouyan and a certain city branch of a communication company, etc. Information Protection Dispute Case”.
The case shows that Sun Mouyan used the mobile communication number provided by a certain city branch of a certain communication company and paid for it.
However, after Sun Mouyan made it clear many times that he would not accept telemarketing business, the company continued to conduct telemarketing to him.
The court held that the Civil Code made special provisions on the right to privacy and the protection of personal information in the General Provisions and Personality Rights, especially for acts of intruding on the tranquility of other people's private lives by means of phone calls, text messages, instant messaging tools, and emails, etc. Strict regulation was carried out, so it was ruled that the defendant, a certain city branch of a communication company, should not make marketing calls to its mobile communication number without the consent of the plaintiff, Sun Mouyan, and compensate the plaintiff for transportation expenses and mental damage relief.
According to statistics, from January 1, 2021 to November 30, 2022, the people's courts at all levels across the country have concluded a total of 650,000 first-instance property rights dispute cases, 20.27 million contract dispute cases, 330,000 personality right dispute cases, and intellectual property rights dispute cases. There were 920,000 competition dispute cases and 310,000 environmental resource cases.
In addition, based on the retrieval of national case document data collected by the big data management and service platform of the people's courts, from January 2021 to November 2022, the number of first-instance judgment documents applicable to the protection clauses of the civil code for heroes and heroes reached 679, and the number of residence rights was 772 .
"Through the handling of relevant cases, the legitimate rights and interests of civil subjects have been fully protected, property rights policies have been effectively implemented, and the business environment has been further optimized." Liu Guixiang, a deputy ministerial-level full-time member of the Judicial Committee of the Supreme People's Court, said at a press conference that day.
It is worth noting that after the promulgation of the Civil Code, the Supreme Law successively formulated a total of 19 judicial interpretations, including the interpretation of the time effectiveness of the Civil Code, the interpretation of the guarantee system, the interpretation of the general rules, the interpretation of face recognition, and the interpretation of punitive compensation for ecological and environmental infringements. Judgment standards, clarification of law application disputes and other aspects play a role.
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