Year end bonus from the Supreme People’s Court

images-1As highlighted in the last blogpost, the Supreme People’s Court (SPC) is issuing all sorts of documents in the rush towards year end, far outpacing the time available to the Supreme People’s Court Monitor to analyze them.   Some of the recent developments that merit closer scrutiny:

  • more model/typical family law cases (incorporating the ones highlighted in an earlier blogpost) and with many more involving domestic violence and cohabitation issues;
  • 19 model/typical contract cases, including several private lending cases, real property cases, etc.
  • 14 model/typical food and drug crime cases, including one involving a supermarket (I had written this on food safety raids earlier this year;
  • Five model/typical cases of refusing to implement court judgments/rulings;
  • Two model/typical cases on non-payment of wages (this is an issue of high priority for the government;
  • Ten model/typical fraud cases;
  • Updated sentencing guidelines for a broad range of criminal cases, including rape, picking quarrels, and fraud;
  • Guidance from the head of the #2 criminal division on principles for applying the sections of the recent amendment to the Criminal Law on bribery and corruption (in which is likely to be incorporated into a future judicial interpretation);
  • An authoritative article by the SPC’s research office on the new terrorism crimes set out in the recent amendment to the Criminal Law;
  • approval by the SPC judicial committee (in principle) of the first judicial interpretation of the Property Law, which means most provisions are finalized, but the final draft is not set.  A recent draft discussed by the Civil Law Society was published recently. Several provisions address the issue of a “bonafide purchaser.”

 

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