catalogue
[case]
Sun Xianyu's traffic accident case [No.415] —— Can the act of turning himself in after fleeing the scene of traffic accident be regarded as "hit-and-run"?
Kunkouyize [No.416] smuggling of cultural relics-smuggling of vertebrate fossils and hominid fossils should be convicted and punished for the crime of smuggling cultural relics, while smuggling of other fossils other than vertebrate fossils and hominid fossils cannot be convicted and punished for the crime of smuggling cultural relics.
Tan Huiyuan and Jiang Juxiang's case of copyright infringement [No.417]-Is it necessary to apply the principle of "from the old to the light" in judicial interpretation?
Zhang Yong's intentional injury case [No.418] —— How to calculate the limitation of action in the civil part of a criminal incidental civil action case?
Rebecca's crime of bigamy [No.419]-Malicious application for marriage after the death of a spouse constitutes bigamy.
Theft case of Meng Dong and He Likang [No.420] —— How to determine the validity of electronic evidence and the amount of theft in network theft?
He Shuhua's case of illegal medical practice [No.42L]-pregnant women died of childbirth complications, and illegal medical practitioners should bear criminal responsibility for their death.
Wang Zheng's case of embezzlement and misappropriation of public funds [No.422]-State functionaries who have gone through retirement procedures and are still engaged in official business still constitute the subject of corruption.
[Criminal justice norms and their understanding and application]
the Supreme People's Court
Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Smuggling (2)
Understanding and Application of Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Smuggling (2)
Decision on issues related to the unified exercise of the power to approve death penalty cases
Understanding and Application of the Decision on Several Issues Concerning the Unified Exercise of the Power to Approve Death Penalty Cases
[criminal policy]
Speech at the Congress of Criminal Judges in the Supreme People's Court (Excerpt)
[Interpretation of Trial Practice]
How to deal with the omitted crimes found in the execution of punishment and the effective period of the original punishment when the new criminal judgment is made?
[Editorial Q&A]
Does the person responsible for a unit crime distinguish between a principal and an accessory?
Can the same behavior be punished again after reeducation through labor?
How to combine punishment for omission after commutation in the execution of life imprisonment
[Laws, regulations and rules]
the National People's Congress Standing Committee (NPCSC)
People's Republic of China (PRC) Anti-Money Laundering Law
the State Council
Regulations on scenic spots
Regulations on the organization and management of public security organs
Publicity Department of the Communist Party of China, State-owned Assets Supervision and Administration Commission of the State Council, Ministry of Justice, National PUFA Office.
Some opinions on strengthening the work of learning and using law for enterprise managers
Board of Trade
Measures for the administration of the establishment of service outlets in the direct selling industry
Provisions on the Administration of Import and Export of Precursor Chemicals
The judicial interpretation of the limitation of action will take effect on September 1.
In order to correctly apply the provisions of the law on the limitation of action system and protect the legitimate rights and interests of the parties, according to the provisions of the General Principles of Civil Law, Property Law, Contract Law, Civil Procedure Law and other laws, combined with trial practice, the Supreme People's Court recently issued a judicial interpretation of the Provisions on Several Issues Concerning the Application of the Limitation of Action System in the Trial of Civil Cases, which was published on 3 1.
Article 24 of the judicial interpretation makes a systematic and comprehensive provision on the general rules, starting date, interruption, suspension, effectiveness and supplementary provisions of the limitation of action. This paper comprehensively sorts out the existing provisions on the judicial interpretation of the limitation of action in the trial of civil cases, and makes scientific revision, integration and improvement. This judicial interpretation shall be implemented as of September 1 2008.
Limitation of action refers to the legal system in which the obligee fails to exercise his rights within the statutory period and loses the right to request the people's court to protect his civil rights according to law. The main purpose of establishing the basic system of this civil and commercial law is to awaken the "sleepers of rights", urge the obligees to exercise their rights in time and maintain the legal order. Many countries in the world have provisions in the civil code. China's General Principles of Civil Law has made simple provisions on the limitation of action system, and the relevant judicial interpretations promulgated later have also made supplementary provisions, but it is still not systematic and perfect.
"In recent years, the limitation of action has shown a diversified and difficult trend in China's judicial practice." The person in charge of the Second People's Court of the Supreme Court said, "It is of great significance to strengthen the research on the limitation of action in judicial practice and introduce the judicial interpretation of the limitation of action in time for unifying the judicial scale, hearing cases fairly and efficiently, protecting the legitimate rights and interests of the parties, maintaining the order of social transactions and protecting the public interests."
The judicial interpretation formulated by the Supreme Court is an explanation of how to apply the law in court trials. In February, 2007, the Supreme Court formally began to draft the judicial interpretation of the statute of limitations. Through induction and summary, the scope of application of the limitation of action, the failure of the parties to raise the defense of the limitation of action, whether the court should take the initiative to invoke the provisions of the limitation of action for judgment, whether the limitation of action should be clear, and the exercise stage of the right of defense of the limitation of action are stipulated.
According to the judicial interpretation, the parties may file a statute of limitations defense against the creditor's rights, but the people's court will not support the following claims: the request to pay the principal and interest of the deposit; Claims for principal and interest of treasury bonds, financial bonds and corporate bonds issued to unspecified objects; Investment claim based on investment relationship; Other creditor's rights that are not subject to the limitation of action according to law.
The judicial interpretation clearly points out that if the parties agree to extend or shorten the limitation period in violation of the law and give up the interests of limitation in advance, the people's court will not recognize it. If the parties fail to raise the defense of limitation of action, the people's court shall not explain the issue of limitation of action, and take the initiative to apply the provisions of limitation of action to make a judgment.
"Although the statute of limitations system has the legislative purpose of urging obligees to exercise their rights, its essence is not to deny the legal existence and exercise of rights, but to prohibit the abuse of rights in order to maintain the stability of social transaction order and further protect the interests of the public." The person in charge of the Second People's Court of the Supreme Court introduced that in the process of drafting judicial interpretation, the drafters paid attention to balancing interests on the basis of protecting the public interests. In order to avoid inappropriately expanding the application scope of the limitation of action and damaging the legitimate rights of obligees, judicial interpretation limits the application scope of the limitation of action, limits the exercise stage of the right of defense of the limitation of action, and expands and explains the identification of the obstacles of the limitation of action in law.