Monday, November 2, 2020

Civil Code & the Supreme People’s Court | Supreme People's Court Monitor



Civil Code & the Supreme People’s Court | Supreme People's Court Monitor
by Susan Finder (Peking University Transnational School of Law, Shenzhen)

The new Chinese Civil Code will become effective on 1 January 2021, with broad impacts on Chinese law in and out of China.  As mentioned by most of the better law firms commenting on the Civil Code, the Supreme People’s Court (SPC) will fill in some of the broad principles through judicial interpretations.  Other regulatory ministries will do so for specific issues, such as land and property mortgages.  But the Civil Code involves a great deal of work behind the scenes at the SPC, so that 1 January 2021 sees a seamless transition from the separate bodies of Contract Law, Inheritance Law, etc. to the Civil Code and inconsistent judicial interpretations are no longer in effect.  A recent article in one of the SPC’s media outlets by the group in charge of the work gives more detail to the work that I flagged this in May, when I gave comments on the SPC’s major research topics on Chinalawtranslate.com::

the SPC will support the Civil Code by issuing transitional arrangements & judicial interpretations. Over the years, the SPC has been issuing judicial interpretations and other documents relating to the areas of law that will form the Civil Code, particularly in the area of personality rights (Portraiture, Personal Information, Privacy, Genetic Information rights etc.), areas where legislation has been lacking. So work will be needed to review the previous documents in a big “housecleaning exercise”. The articles [in the Civil Code] on personal information, privacy, etc. are not very detailed, although they are important to individual people. Then the question is here, what protections will be provided by forthcoming judicial interpretation(s). This will fill in some of the abstract statements in the Civil Code.

The article by the Leading Small Group Office reveals the following:


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