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The “Provisions of the Supreme People's Court on Certain Issues Concerning the Trial of Civil Disputes Involving Criminal Offenses” were issued today, with a total of 24 articles, which will come into effect on September 22. Zhou Jiahai, director of the Supreme Court Research Office, explained that this judicial interpretation will fully protect the parties' legal rights and interests throughout, and work simultaneously on both procedural and physical aspects: on the one hand, it will insist on the substantive protection of the right to sue. For example, in order to avoid often interfering with the legal acceptance of civil cases on the grounds that criminal offenses are involved, leading to the parties concerned being prevented from receiving relief, judicial interpretations clearly stipulate under what circumstances it should be accepted as a civil case and how it should be tried and executed. On the other hand, entity rights are protected fairly and impartially according to law. For example, correct the previous view that contracts involving criminal matters were null and void, and make it clear that the validity of criminal contracts should be determined in accordance with the provisions of the Civil Code. Another example is that in response to the problem of excessive liability of guarantors due to the rigid application of guarantee rules in practice, the judicial interpretation makes special provisions on determining the validity of criminal guarantee contracts, guiding the people's courts to carefully determine the extent and extent of the guarantor's fault and determine guarantee liability in accordance with law.
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The “Provisions of the Supreme People's Court on Certain Issues Concerning the Trial of Civil Disputes Involving Criminal Offenses” were issued today, with a total of 24 articles, which will come into effect on September 22. Zhou Jiahai, director of the Supreme Court Research Office, explained that this judicial interpretation will fully protect the parties' legal rights and interests throughout, and work simultaneously on both procedural and physical aspects: on the one hand, it will insist on the substantive protection of the right to sue. For example, in order to avoid often interfering with the legal acceptance of civil cases on the grounds that criminal offenses are involved, leading to the parties concerned being blocked, judicial interpretations clearly stipulate under what circumstances it should be accepted as a civil case and how it should be tried and executed. On the other hand, entity rights are protected fairly and impartially according to law. For example, correct the previous view that contracts involving criminal matters were null and void, and make it clear that the validity of criminal contracts should be determined in accordance with the provisions of the Civil Code. Another example is that in response to the problem of excessive liability of guarantors due to the rigid application of guarantee rules in practice, the judicial interpretation makes special provisions on determining the validity of criminal guarantee contracts, guiding the people's courts to carefully determine the extent and extent of the guarantor's fault and determine guarantee liability according to law.
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