Make good use of judicial cases to make the interpretation and popularization of law deeply rooted in the hearts of the people (Jin Tai Rui Comment)

2023-02-09

Recently, the Supreme People's Court issued the second batch of 16 typical cases of people's courts implementing the Civil Code. These cases cover different types of rights such as personal rights and property rights, and involve different fields such as marriage and family life and economic exchanges. They fully reflect the comprehensive nature of the protection of rights in the Civil Code, and also are vivid practices of practicing the people-centered development concept, giving full play to judicial functions, and protecting the rights and interests of the people according to law. The Civil Code is the first law named after the Code since the founding of the People's Republic of China. It is a major achievement of China's socialist rule of law construction in the new era and is known as the "Declaration on the Protection of Civil Rights". The "green principle" of "civil subjects engaged in civil activities should be conducive to saving resources and protecting the ecological environment" has been fully implemented to better protect the green waters and mountains, from the rules of "good intentions and riding together" and "emergency relief for others" to give full play to the important role of the law in promoting the new trend and guiding good deeds; From the "prohibition of infringement of personality rights" being increasingly used in judicial practice, to continuously strengthen the legal protection of personality rights, to continuously extend the protection of rights to digital space... The Civil Code has been deeply rooted in the reality of Chinese society for more than two years, constantly transforming the norms of rights and obligations into governance practice, and protecting the people's good life in the way of the rule of law. Civil legal relationship is the most common legal relationship in social life and has the closest relationship with the people. Practice has proved that if civil relations are well adjusted, all kinds of social relations will be more harmonious, all kinds of social contradictions will be better handled, and the people's better life will be more guaranteed. To implement the civil code well and adjust civil relations well, we need to better play the guiding role of the civil code as a civil legal norm. The people's understanding of their boundaries and safeguarding their legitimate rights and interests depend on the law to provide them with value judgments and codes of conduct. The legal text is the most direct way for the people to understand the content of the law, while the judicial precedent is an important carrier and way to transform the implementation of the "law on the text" into the "law in reality" of the people. Applying the relatively specialized legal provisions in the Civil Code to specific cases according to law and transmitting the legal code of conduct and value guidance to the people in a more specific and vivid way is also an important way to play the role of legal guidance. In this sense, the judgment results made by the people's court according to the Civil Code are not only the use of legal rules to adjust the civil legal relations in the case, but also play an important role in explaining and popularizing the law to the public. To implement the Civil Code well, we need to better play the role of value guidance and behavior guidance of judicial cases. The judicial organ should further strengthen the work of adjudication and cases, focus on the concerns of the people, dig deeply into the typical cases of the implementation of the civil code, tell the "big truth" through "small cases", guide the people to learn the civil code, trust the civil code, and use the civil code with powerful and warm judgments, so that the people can more truly feel the great role and significance of the civil code in safeguarding a better life. (Xinhua News Agency)

Edit:Ying Ying    Responsible editor:Jia Jia

Source:People.cn

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