Legal analysis: The whole content of the work guide only involves the technical specifications of the laws cited in the judgment documents, not the specific application of the laws. At present, among the cases being tried by the courts in the whole province, there are not many cases in which the Civil Code is applied. However, with the passage of time, especially at the end of this year and the beginning of next year, after the dispute of 202 1 enters the litigation procedure, there will be complicated quotations. At this time, citing the law will lead to a relatively complicated situation. Therefore, using this guide can also help judges to clarify the thinking of applying the law. In addition, because the promulgation of the Civil Code has aroused widespread public concern, the people, especially the parties who have disputes in court, will be very concerned about the application of the Civil Code in their cases, but many actual cases can not involve the application of the Civil Code. When quoting the law in the judgment, standardizing the reference basis of the judgment documents can also give clear guidance and explanation to the parties, and also provide sufficient basis for answering questions after the case is closed.
Legal basis: Several Provisions of the Supreme People's Court on the Time Validity of People's Republic of China (PRC) Civil Code.
Article 2 In the case of civil disputes caused by legal facts before the implementation of the Civil Code, the provisions of the laws and judicial interpretations at that time shall apply, except that the application of the provisions of the Civil Code is more conducive to protecting the legitimate rights and interests of civil subjects, maintaining social and economic order and promoting socialist core values.
Article 3 The provisions of the Civil Code may apply to civil disputes arising from legal facts before the implementation of the Civil Code, if there are provisions in laws and judicial interpretations at that time, except those that obviously damage the legitimate rights and interests of the parties, increase their legal obligations or deviate from their reasonable expectations.