The Supreme People's Procuratorate has released the second batch of typical cases of procuratorial organs implementing the Civil Code
2024-01-31
Recently, the Supreme People's Procuratorate released the second batch of typical cases of procuratorial organs implementing the Civil Code. The head of the Sixth Procuratorate of the Supreme People's Procuratorate stated that this batch of typical cases fully demonstrates the important role of civil procuratorial supervision in the implementation of the Civil Code, and is of great significance for improving the quality and efficiency of civil procuratorial supervision. Adhere to the basic value pursuit of "handling every case with high quality and efficiency", perform duties in accordance with the law, comprehensively, and actively, and effectively safeguard social fairness and justice. There are a total of 11 typical cases in this batch, including the supervision case of civil and commercial cases with discretionary power, the protest case of Feng and Li's gift contract dispute, the protest case of Rui Hao's lawsuit against Cui Moufeng and Qu Moufeng's civil loan dispute, the protest case of Dalian Aviation Small Loan Co., Ltd. and Zhu, Hou Mouhui, Cheng and other loan contract disputes, the protest case of Chen Shan, Chen Xiao, Chen Qiang and Song Moukun, Shandong Logistics Co., Ltd Case of protest against motor vehicle traffic accident liability dispute of a certain Internet of Things Technology Co., Ltd., case of prosecution and settlement of dispute over financial loan contracts between Wang Moufu and a certain asset management company, case of protest against contract dispute between a certain sewage treatment plant and a street office in Chongqing, case of support for divorce dispute between Huang and Yu, case of protest against dispute over housing sales contract between Hong and a certain economically affordable housing development company, case of application for enforcement supervision by Li and Huang, A series of protests against a real estate company and Lin and Li in excluding obstruction disputes. The person in charge introduced that this batch of typical cases has distinct characteristics of civil prosecution. From the content of the cases, it involves chapters of the Civil Code that have a relatively high frequency of application in supervision practices such as the General Principles of the Civil Code, property rights, and contracts; From the perspective of specific legal issues, it involves practical hot and difficult issues such as the evaluation of discretionary power, the application of the principle of public order and good customs, and the violation of credit card loans; From the perspective of supervision types, it involves the entire process and various links of civil prosecution, including effective civil judgment supervision, execution supervision, and support for prosecution; From the perspective of supervision methods, it includes case handling practices such as precise supervision of individual cases, similar case supervision, procuratorial reconciliation, and extended participation in social governance; From the perspective of prosecutorial performance, it covers the application of digital prosecutorial models, investigation and verification, judicial assistance, and other contents. The person in charge stated that in the next step, civil procuratorial departments of procuratorial organs at all levels across the country should take the opportunity to learn from the second batch of typical cases of procuratorial organs implementing the Civil Code, continue to do a good job in precise supervision of civil procuratorial work, achieve the organic unity of procuratorial case handling quality, efficiency, and effectiveness in fairness and justice, ensure the implementation of various rights and systems stipulated in the Civil Code, and strive to make the people feel fairness and justice in every judicial case. (Lai Xin She)
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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