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| Highest law requires proper hearing the case of private lending |
| Time:2012/2/21 | Read:1844 |
The Supreme People's Court notice requirements to strengthen the civil trial and effectively protect the livelihood
Powered Beijing February 19 hearing the Supreme People's Court today issued a notice on the current situation, the strengthening of civil trial to effectively protect the livelihood of a number of issues "(hereinafter referred to as" Notice ") to require the courts at all levels to comprehensively enhance the level of civil trial work. to strengthen the livelihood security, and promote stable and rapid economic and social development.
The notice pointed out that China's current economic and social development as a whole is in good shape, but is also faced with complex situations. New situation, the people's court to raise the overall quality of work efficiency of the civil trial, actively safeguard the stable and rapid economic and social development, and strive to protect and improve people's livelihood, maintaining social harmony and stability, and constantly promote the development and prosperity of socialist culture.
"Notice" to emphasize that the courts at all levels to properly handling real estate disputes, and promote national real estate control policy to implement. To stand in seriousness to uphold the law, the implementation of national regulatory policies, and maintain stable and rapid economic and social development of the height of the strict application of the principle of change of circumstances, correctly identified a change of circumstances and normal market risks, the boundaries between the transaction risk, increase market behavior predictability and contractual interests of certainty and trustworthiness, to promote the healthy development of the real estate market. To pay attention to establish the correct market risk awareness, maintaining the integrity of market transactions in order to guide the parties through the civil trial.
"Notice" requirement, courts at all levels to properly hear the case of private lending, maintaining a lawful and orderly private lending relationship. According to the law accurately identified the effectiveness of private lending practices, must correctly analyze the substance of the request by the parties to litigation, to determine the effectiveness of the relevant agreement of the parties to protect the legitimate rights and interests of legitimate private lending practices, as well as the parties to promote the development of the real economy; to strengthen the review of the IOU authenticity further clear allocation of the burden of proof, to increase efforts to exclude all forms of usury and false debt scrutiny.
"Notice" that the courts at all levels to properly trial of labor dispute cases, the maintenance of harmonious and stable labor relations. Should always adhere to the protection of the enterprise survival and development and maintenance of both the concept of workers' legitimate rights and interests and safeguard the legitimate rights and interests of workers at the same time, efforts to promote the healthy development of the production. Temporary financial difficulties but there is potential for development of enterprises, especially small and medium micro enterprises, as far as possible through conciliation, mediation and other ways to encourage businesses and workers tide over the crisis. Survival hopeless damage to workers' rights and maliciously wages and other forms of enterprise, efforts to expedite the hearing of the progress and the preservation of property in accordance with the law to protect workers rights.
"Notice" to emphasize that the courts at all levels to properly hear the agriculture-related civil cases, maintenance of social stability in rural areas. Sanctions according to law against farmers, particularly violations of the land contract and management rights of migrant workers groups and land use right to stand in the height of the stability of rural society and the protection of farmers' right to exist. Pay attention to the co-ordination to maintain the land contract and management rights and promotion of the relationship between the transfer of the right to land contractual management, and promote the orderly circulation and regulate the circulation of land contract management right. Must continue to strengthen the home business, place of employment the judicial protection of the legitimate rights and interests of migrant workers, migrant workers returning home entrepreneurs, local employment and create favorable legal environment.
"Notice" requirement, courts at all levels to properly hear the Traffic Accident Compensation disputes in accordance with the law punish evil and promote, promote social ethics, and to ensure fair and equitable. Unified referee ideas, from the point of view of convenience of litigation and favorable hearing, joinder infringement dispute and related traffic compulsory insurance contract disputes. The responsibility of the illegal situation of drunken driving, driving without a license, shall determine the insurance company to bear the corresponding liability at the same time, given the right of recovery of the insurance company. First assume the responsibility in the case of uninsured motor vehicle shall be within the limits of the Traffic Insurance liability, identification and classification of the rest in accordance with the tort liability.
"Notice" that the courts at all levels to properly hear the medical compensation disputes, and promote equality, harmony, mutual trust and the formation of the physician-patient relationship. To focus on to provide expert unified, strict implementation of the expert conclusions can be made in the People's Court after the unified commissioned as the basis of a decision rule. Commissioned to make the identification of the people's court, the parties apply for re-identification, based strictly on a number of provisions of the Civil Evidence. Pay attention to the case to the full protection of the legitimate rights and interests of patients, and to protect the normal operation of medical institutions, the development of medicine and improve healthcare.
"Notice" to emphasize that the courts at all levels to properly hear the cases of marriage and family law to protect the legitimate rights and interests of the marriage, to maintain harmony and stability of family relationships. Hearing the cases of marriage and family, on the whole should be fully and accurately understand and grasp the spirit of the Marriage Law and its judicial interpretation, not mechanical understanding, isolated applicable. Finds that the common property division and other issues involving property ownership, in accordance with the Marriage Law and the judicial interpretations of law to protect the parties especially the legitimate rights and interests of women, children and the elderly.
"Notice" requirement, courts at all levels to properly hear the interests of consumers disputes, to promote integrity, orderly, healthy, prosperous consumer market environment. Strict implementation of the Tort Liability Act, the Consumer Protection Law and other laws and relevant judicial interpretations of the provisions of timely processing, timely referee pertaining to product quality, circulation services, tourism, consumer, food and drug safety dispute cases. Easy to form a hot network telecommunications services, online shopping to buy baby products consumption, and consumption of cultural products and services in areas such damage the interests of consumers disputes, to increase trial efforts, focusing in accordance with the law sanctions and inducements, misleading such as fraud, consumer , set the consumer trap or the terms of the King to damage the interests of consumers and other illegal acts.
"Notice" to emphasize that the courts at all levels to effectively play the guiding role of the administration of justice according to law to promote social integrity of the building, promote good morals. Process of trial contracts, property rights and other civil disputes, pay attention to the applicable Contracting negligence, breach of contract responsibility system, increase the intensity of the sanctions for breach of good faith behavior, protect the legitimate rights and interests of honest and trustworthy persons, and promote the cultural construction of social credibility. Strict compliance with the procedural requirements of the Civil Procedure Law, a careful analysis of the willingness of the parties of the litigation, sanctions false litigation, commercial fraud and other acts of bad faith in accordance with the law. Hear marriage and family, tort and neighboring relations and other civil disputes, to focus on promoting mutual loyalty, care for the young, help each other, mutual understanding and accommodation and other good morals. Reasoning should be the referee as an important part of the referee, referee philosophy approach, the law applicable to the process, clear and fully reflected, both to reflect the superior law, the legal wisdom of socialism a good habit and core values, but also to reflect the cultural connotations of the system.
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