The Decision of the Supreme People's Court on Abolishing Some Judicial Interpretation and Judicial Interpretation Documents (Eighth Batch) Published before the end of 1979 was adopted by the Judicial Committee of the Supreme People's Court at its1550th meeting on 20 12. It is hereby promulgated and shall come into force as of September 29th, 20 12.
20 12 August 2 1 day
Decision of the Supreme People's Court on Abolishing Some Judicial Interpretations and Judicial Interpretations Documents Published Before the End of 1979 (Eighth Batch)
(Adopted by the Judicial Committee of the Supreme People's Court at its1550th meeting on 25 June 2002)
In order to adapt to the development and changes of the situation and ensure the uniform and correct application of national laws, the Supreme People's Court, together with relevant departments, concentrated on cleaning up the judicial interpretation and judicial interpretation documents issued before the end of 1979 according to relevant laws and actual needs of trials. It is now decided to abolish the judicial interpretation of 144 and the judicial interpretation document issued before the end of 1979. The abolished judicial interpretation and judicial interpretation documents are no longer applicable as of the date of implementation of this decision, but the judgments and rulings made in the past on the relevant cases based on the following judicial interpretations and judicial interpretation documents are still valid.
1979 The catalogue of judicial interpretations and judicial interpretation documents issued before the end of the year shall be abolished (the eighth batch).
No. Judicial interpretation and the date of publication of the name of the document with the nature of judicial interpretation, the reason for the abolition of the documentNo. 1 the Supreme People's Court's reappearance of the problem of intermarriage between ethnic minorities and Han nationality 195 1 year 65438+1October 22 has been approved by the Marriage Law 2 the Supreme People's Court, The instruction of the Ministry of Justice on handling divorce cases between active revolutionary soldiers and disabled retired revolutionary soldiers and carrying out patriotic support for the army1951April 25th has been written by the Supreme People's Court and the Ministry of Justice on the principles of handling bride price or dowry in marriage cases1951August 10.
Law No.9577 has been replaced by Marriage Law. 4. Reply of the Supreme People's Court Huadong Branch on whether divorce can claim the legal relationship between parents and children. 195 1 1.2. It has been replaced by marriage law and inheritance law. 5. the Supreme People's Court, Ministry of Justice and Ministry of Internal Affairs have corrected several wrong instructions on handling marriage cases. 195265438+.
The social situation of Law No.23 has changed, and it is no longer applicable. 6 Answers of the Supreme People's Court and the Ministry of Justice on Several Specific Questions about Marriage1953 February 1 1.
The social situation of French Xing Zi No.216 has changed, and the Reply of the Supreme People's Court and the Ministry of Justice No.7 1953 on the Interpretation of "Within Five Dynasties" is no longer applicable. There is no provision of "within five generations" in the current law, and the reply of the Supreme People's Court Zhongnan Branch on whether "father-in-law" and "stepmother's son" can get married is no longer applicable.
[53] The social situation of French Xing Zi No.487 document has changed and is no longer applicable. 9 Reply of the Supreme People's Court on whether one spouse is mentally ill and the other spouse can apply for divorce 1953 10 10.
Law No.7757 has been replaced by the Marriage Law 10 Official Reply of the Supreme People's Court on the Issue of collateral blood relatives who have been married for less than five generations1954 March 26th.
Law No.2706 has been replaced by the Marriage Law 1 1 the Supreme People's Court's reply on whether the woman is pregnant due to adultery and the man can file for divorce1May 955 18.
Law No.388 has been jointly notified by the Marriage Law 12 by the Supreme People's Court, the Ministry of Internal Affairs and the General Political Department of the People's Liberation Army. Attachment 1: Treatment of Family Members of Revolutionary Soldiers in Active Service and Measures for Solving Years of Marriage Problems 1956 15.
Law No.9017 has changed the social situation and is no longer applicable. 13 the Supreme People's Court's reply on the inadvisability of citing the Constitution as the basis for discussing crimes and punishments in criminal judgment. On July 30, 0955, the conviction and punishment were based on the criminal law, and the reply was no longer applicable 14 the Supreme People's Court's reply on how to deal with the problem that one of the men and women repented and did not want to live together after marriage registration.
Law Xing Zi 14234 has been approved by the Marriage Law 15. the Supreme People's Court's reply on whether lepers are criminally responsible for committing crimes19551KLOC-0/5.
Law and Criminal LawNo. 15066 has stipulated the capacity for criminal responsibility, and the reply is no longer applicable 16 the Supreme People's Court's reply on how to calculate the prison term for pregnant women prisoners released on bail1956 65438+1October 26th,
Law No.730 on Criminal Procedure and related judicial interpretations have stipulated 17 the Supreme People's Court's reply on handling crimes committed by mental patients1956 June 2.
Fa Yanzi's reply No.5674 has been replaced by the relevant provisions of Criminal Law No.0/KLOC-8. The Supreme People's Court and the Ministry of Justice forwarded the Provisions on Marriage of Officers in Active Service of the Organization Department of the General Political Department of the People's Liberation Army of China 1956.
[56] The promise of prosperity by law. 64 15 has been approved by the Marriage Law 19 by the Supreme People's Court and the Ministry of Public Security.