Decision of the Supreme People's Court on Revising 27 Judicial Interpretations on Civil Cases Including the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Labor Union Law of the People's Republic of China in Civil Trials
Decision of the Supreme People's Court on Revising 27 Judicial Interpretations on Civil Cases Including the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Labor Union Law of the People's Republic of China in Civil Trials
Decision of the Supreme People's Court on Revising 27 Judicial Interpretations on Civil Cases Including the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Labor Union Law of the People's Republic of China in Civil Trials
Fa Shi [2020] No.17
December 29, 2020
The Decision of the Supreme People's Court on Revising 27 Judicial Interpretations on Civil Cases Including the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Labor Union Law of the People's Republic of China in Civil Trials, which was adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, is hereby promulgated and shall come into force as of January 1, 2021.
Decision of the Supreme People's Court on Revising 27 Judicial Interpretations on Civil Cases Including the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Labor Union Law of the People's Republic of China in Civil Trials
(Adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, and effective from January 1, 2021)
In light of the needs of judicial practice, upon the decision made at the 1823rd meeting of the Judicial Committee of the Supreme People's Court, the 27 judicial interpretations including the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Labor Union Law of the People's Republic of China in Civil Trials are revised as follows:
I. Revisions to the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Labor Union Law of the People's Republic of China in Civil Trials
1. The introduction shall be revised to read:
"For the purpose of correctly hearing civil cases involving the labor union funds and property and rights of the labor union staff, and safeguarding the legitimate rights and interests of the labor union and workers, interpretations on issues concerning the application of law are hereby given as follows, in accordance with the Civil Code of the People's Republic of China, the Labor Union Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other laws:"
2. Article 6 shall be revised to read:
"According to Article 52 of the Labor Union Law, when trying cases involving labor disputes over the termination of employment contracts of employees and labor union staff due to their participation in labor union activities or due to their performance of the duties stipulated in the Labor Union Law, the people's courts may, at the request of the parties concerned, order their employers to restore their employments and compensate them for the remunerations that they were due to receive during the period of time for which their employment contracts were terminated; or, at the request of the parties concerned, order their employers to pay them compensation equivalent to twice their annual income, and pay them economic compensation for terminating their employment contracts in accordance with Article 46 and Article 47 of the Labor Contract Law."
3. Article 7 shall be revised to read:
"Where an enterprise or public institution delays or withholds the payment of labor union funds without any valid reason, the provisions of Article 188 of the Civil Code shall apply to the period of limitation of action during which the labor union organization requests the people's court to protect its rights."
4. Article 8 shall be revised to read:
"Where a labor union organization applies to the people's court for payment orders with respect to the payment of labor union funds, it shall pay the application fees in accordance with Article 14 of the Measures for the Payment of Litigation Fees; where a labor union organization files a lawsuit separately after the ending of the supervision procedures, it shall pay the litigation fees in accordance with the standards for acceptance fees of cases involving a property dispute stipulated in Article 13 of the Measures for the Payment of Litigation Fees."
II. Revisions to the Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in the Hearing of Cases Involving Disputes over Mining Rights
1. The introduction shall be revised to read:
"The Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in the Hearing of Cases Involving Disputes over Mining Rights (hereinafter referred to as the "Interpretations") are formulated in accordance with the Civil Code of the People's Republic of China, the Mineral Resources Law of the People's Republic of China, the Environmental Protection Law of the People's Republic of China, and other laws and regulations and in combination with trial practice, in order to correctly hear cases involving disputes over mining rights and protect the legitimate rights and interests of the parties concerned in accordance with the law."
2. Article 2 shall be revised to read:
"A people's court shall uphold the claim of the party concerned for confirmation of the effectiveness of the mining rights transfer contract signed between the competent authority of natural resources of the people's government at or above the county level, as the transferor, and the transferee from the date of its legal establishment, except as otherwise provided in laws and administrative regulations."
3. Article 4 shall be revised to read:
"Where the transferee requests dissolution of a transfer contract because the transferor fails to deliver the exploration operating area or mine lot, or issue an exploration license or mining license for the mineral resources, a people's court shall support such request.
A people's court shall uphold the dissolution of a transfer contract by a transferor by reason of the transferee's exploration and mining of mineral resources not meeting the mine geological environmental protection and land reclamation plan approved by the competent departments of natural resources, and in which case, the transferee refuses to correct the violation within the time limit stipulated by the competent departments of natural resources or the exploration license or mining license for mineral resources of the transferee is revoked due to violations of laws and regulations or the transferee fails to pay the price for the transfer of mining rights as agreed."
4. Article 6 shall be revised to read:
"A contract on the transfer of mining rights will be legally binding on the establishment date thereof in accordance with the law. Where the application for the transfer of mining rights is not approved by the competent departments of natural resources, and therefore the transferee requests the handling of the registration procedures for alteration of mining rights by the transferor, a people's court will not support such request.
If the party concerned claims that the relevant contract is invalid simply on the ground that the application for transferring mining rights has not been approved by the competent departments of natural resources, a people's court will not uphold such claim."
5. Article 9 shall be revised to read:
"A people's court shall support the request of a transferor for the transferee's performance of the payment obligations before proceeding with the reporting procedures where the mining right transfer contract provides for the reporting procedures to be handled after the transferee pays the transfer price in whole or in part, except that there are circumstances proven by the transferee's adduced evidence that the transferor has transferred the same mining right to a third party, and that the mining right holder will be merged and restructured and others as stipulated in Article 527 of the Civil Code."
6. Article 10 shall be revised to read:
"A people's court shall support the case when the competent departments of natural resources do not approve the transfer of mining rights, resulting in the mining right transfer contract being rescinded, and the transferee therefore requests a refund of the paid transfer price and interest thereon, and the mining right holder requests the transferee to return the mineral products and proceeds obtained, or the exploration right holder requests the transferee to return the exploration materials and mineral products and proceeds recovered during the exploration; however, the transferee may request deduction of the relevant costs and charges.
If the party concerned is at fault with respect to the lack of approval of the application for the transfer of mining rights, it shall compensate the other party for the losses thus suffered; where the parties are at fault, they shall assume corresponding liability."
7. Article 11 shall be revised to read:
"If and in the event that the transferee requests dissolution of the transfer contract, refund of the transfer price already paid and interest thereon, and asks the mining right holder to assume liability for breach because the mining right holder has transferred the same mining rights to a third person, which has been approved and registered by the competent departments of natural resources, after the mining right transfer contract is established according to the law and before the mining right transfer is approved by the competent departments of natural resources, a people's court shall support such request."
8. Article 15 shall be revised to read:
"A people's court shall support the claim of the parties concerned that the mortgage right of a mining right is established upon registration at law.
Where the competent departments of natural resources which issue exploration licenses or mining licenses for mineral resources handle the registration procedures for the mortgage of mining rights in accordance with the relevant provisions, it will be regarded as the registration stipulated in the preceding paragraph."
9. Article 19 shall be revised to read:
"A people's court shall inform the parties concerned to apply to the competent departments of natural resources for settlement firstly with respect to a case where tort liability disputes arise over the exploration and mining of mineral resources beyond the boundary, in which the exploration and mining scope or boundary approved by the competent departments of natural resources overlaps or is unclear."
10. Article 21 shall be revised to read:
"A people's court shall accept, according to the law, the environmental public interests litigation lodged by the authorities stipulated by the state and organizations stipulated by laws arising from the exploration and mining of mineral resources causing environmental pollution or geological disasters, vegetation damage and other ecological damage.
Where the authorities stipulated by the state and organizations stipulated by laws lodge litigation for the purpose of protecting national interests and environmental public interests, it does not affect the right of natural persons, legal persons and unincorporated organizations to claim for personal and property damage as a result of the same exploration and mining act by lodging litigation according to Article 119 of the Civil Procedure Law."
III. Revisions to the Interpretations of the Supreme People's Court on Issues concerning the Application of Law for the Trial of Cases Involving Disputes over Sale and Purchase Contracts
1. The introduction shall be revised to read:
"In order to try cases involving disputes over sale and purchase contracts correctly, these Interpretations are formulated pursuant to the provisions of the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other laws and in combination with trial practice."
2. The title "Chapter I Formation and validity of sale and purchase contracts" shall be revised to read:
"Chapter I Formation of sale and purchase contracts".
3. Article 2, Article 3, Article 4, Article 15, Article 16, Article 18, Article 28, Article 30, Article 32, Article 35, Article 37, Article 41, and Article 43 shall be deleted.
4. Article 5 shall be revised to read:
"Where the subject matter is an electronic information product which is not required to be delivered in a tangible form and the parties do not specify the delivery means expressly and the delivery means cannot be confirmed pursuant to the provisions of Article 510 of the Civil Code, the delivery shall be deemed to be completed upon the buyer receiving the agreed electronic information product or the document of title."
5. Article 6 shall be revised to read:
"Pursuant to the provisions of Article 629 of the Civil Code, if the buyer refuses to receive the subject matter excessively delivered by the seller, the buyer may take custody of the excessively delivered subject matter for the seller. If the buyer claims that the seller shall bear the reasonable expenses incurred during such custody period, the people's court shall uphold such claim.
Where the buyer claims that the seller shall bear the loss caused for reasons not attributable to the intention or gross negligence of the buyer during the custody period, the people's court shall uphold such claim."
6. Article 7 shall be revised to read:
"'Relevant certificates and materials other than documents for taking the subject matter' as provided in Article 599 of the Civil Code mainly include the insurance policy, warranty bill, regular invoice, special invoice for value-added tax, manufacturer certificate, quality guarantee, experts' report on quality, quality inspection certificate, import and export quarantine certificate, certificate of origin, user's manual, packing list, etc."
7. Article 11 shall be revised to read:
"'Where transportation of the subject matter is required' as provided in Item 1, Paragraph 2 of Article 603 of the Civil Code means the circumstance where the seller is responsible for the consignment for shipment of the subject matter and the carrier is a common carrier independent from the parties to the sale and purchase contract. The bearing of the risks of the damage to or loss of the subject matter shall be subject to the provisions of Paragraph 2 of Article 607 of the Civil Code."
8. Article 17 shall be revised to read:
"The people's court shall, upon affirming the 'reasonable period' as provided in Paragraph 2 of Article 621 of the Civil Code, make a judgment in accordance with the principle of good faith subject to the nature, purpose, and habit of the transactions of the parties, the category, quantity, nature, installation and utilization of the subject matter, the nature of defects, the duty of reasonable care of the buyer, the methods and difficulty of inspection, the actual circumstance faced by the buyer or the inspector, the skill of the buyer or the inspector, or other reasonable factors.
The term of 'two years' as provided in Paragraph 2 of Article 621 of the Civil Code shall be the longest reasonable period. Such period is fixed and is not subject to the provisions on the suspension, termination or extension of the prescribed period for litigation."
9. Article 19 shall be revised to read:
"Where the buyer raises objections in the reasonable period and the seller claims that the buyer has waived the right to raise an objection on the grounds that the buyer has paid the price of goods, confirmed the sum in arrears, or used the subject matter, the people's court shall not support such claim, unless otherwise agreed by the parties thereto."
10. Article 20 shall be revised to read:
"Where the inspection period, reasonable period, or the two-year period as stipulated in Article 621 of the Civil Code expires, and the buyer claims that the quantity or quality of the subject matter does not comply with the provisions of the sale and purchase contract, the people's court shall not support such claim.
Where the seller retracts its bearing of default liability on the ground of expiration of the abovementioned periods after bearing such default liability of its own free will, the people's court shall not uphold such act."
11. Article 21 shall be revised to read:
"Where the buyer retains a partial amount of the price of goods as a quality security deposit as agreed, the seller fails to solve the quality problems promptly in the quality guarantee period, which affects the value or effect of the subject matter, and the seller claims the payment of such partial amount, the people's court shall not uphold such claim."
12. Article 22 shall be revised to read:
"Where the buyer raises quality objections in the inspection period, quality guarantee period, or the reasonable period, the seller fails to repair the subject matter as required or the buyer repairs the subject matter by itself or through a third party in the event of emergency, and the buyer claims that the seller shall bear the reasonable expenses thus incurred, the people's court shall uphold such claim."
13. Article 23 shall be revised to read:
"Where the quality of the subject matter does not comply with the agreements entered into by the parties, and the buyer requests to decrease the price of goods in accordance with the provisions of Article 582 of the Civil Code, the people's court shall uphold such request. Where any party claims to calculate the difference of price between the qualified subject matter and the subject matter actually delivered as per the market value at the time of delivery of the subject matter, the people's court shall uphold such claim.
Where the price of goods has been paid and the buyer requests the seller to refund the excess incurred for the decrease of the price of goods, the people's court shall uphold such request."
14. Article 24 shall be revised to read:
"The change to the term of payment under the sale and purchase contract will not affect the provisions on the liquidated damages for overdue payment, provided, however, that the commencement point for calculation of such liquidated damages shall be changed accordingly.
Where the sale and purchase contract contains provisions on liquidated damages for overdue payment, and the buyer refuses to pay such liquidated damages on the ground that the seller fails to claim the liquidated damages for overdue payment upon accepting the price of goods, the people's court shall not uphold such act.
Where the sale and purchase contract contains provisions on liquidated damages on overdue payment, but the statement of accounts, repayment agreement or other documents do not contain provisions on the liability for overdue payment, and the seller, upon claiming the arrearages based on the statement of accounts, repayment agreement or other documents, requests the buyer to pay the liquidated damages for overdue payment as agreed, the people's court shall uphold such request, unless such statement of accounts, repayment agreement or other documents contain expressly the principal and the amount of interest on overdue payment or the contents concerning the changes to the principal or interest or other contents under the sale and purchase contract.
Where the sale and purchase contract does not contain provisions on the liquidated damages for overdue payment or methods for calculation of such liquidated damages, the seller claims for compensation for the loss caused by overdue payment on the ground of the breach by the buyer, and such breach occurs before August 19, 2019, the people's court may calculate such loss on the basis of the RMB lending rate of the People's Bank of China applicable to such kind of loans in such claim period and by reference to the standards of penalty interest rate for overdue payment. If the breach occurs after August 20, 2019, the people's court may calculate such loss by adding an extra 30%-50% on the basis of the market-based one-year loan prime rate (LPR) published by the National Interbank Funding Center ("NIFC") under the authorization of the PBC at the time of occurrence of such breach."
15. Article 25 shall be revised to read:
"Where the seller does not implement or implements improperly the subordinated payment obligations, which causes the buyer to be unable to realize the purpose of the contract, and the buyer claims to terminate the contract, the people's court shall, pursuant to the provisions of Item 4, Paragraph 1 of Article 563 of the Civil Code, uphold such claim."
16. Article 26 shall be revised to read:
"Where, after the sale and purchase contract is terminated due to the reason of any breach by any party, the innocent party claims to continue to apply the provisions on liquidated damages, the people's court shall uphold such claim; however, if the agreed liquidated damages are much higher than the loss thus caused, the people's court may make a proposal by reference to the provisions of Paragraph 2 of Article 585 of the Civil Code."
17. Article 29 shall be revised to read:
"Where a party to a sale and purchase contract breaches such contract and causes the other party to suffer losses, and the other party claims compensation for the loss of acquirable interests, the people's court shall, at the time of determining the scope of liability for breach, affirm the acquirable interests based on the claims of the parties pursuant to the provisions of Article 584, Article 591, and Article 592 of the Civil Code, and Article 23 hereof and other provisions."
18. Article 34 shall be revised to read:
"Where the parties to a sale and purchase contract claim that the provisions of Article 641 of the Civil Code on the retention of the ownership of the subject matter apply to real estate, the people's court shall not uphold such claim."
19. Article 36 shall be revised to read:
"Where the buyer has paid seventy-five percent of the total price of the subject matter or more and the seller requests to take back the subject matter, the people's court shall not uphold such request.
In the event of the circumstance listed in Item 3, Paragraph 1 of Article 642 of the Civil Code, if a third party has obtained the ownership or other property rights of the subject matter in good faith pursuant to the provisions of Article 311 of the Civil Code, and the seller requests to take back the subject matter, the people's court shall not uphold such request."
20. Article 38 shall be revised to read:
"The 'payment in installments' as stipulated in Paragraph 1 of Article 634 of the Civil Code means that the buyer pays the payable price of goods to the seller in at least three installments in a certain period.
Where a sale and purchase contract with payment in installments contains provisions in violation of the provisions of Paragraph 1 of Article 634 of the Civil Code and the buyer therefore suffers damage, and claims that such provisions are void, the people's court shall uphold such claim."
21. Article 42 shall be revised to read:
"Where a sale and purchase contract contains any of the following provisions, the transaction under such contract is not a sale or purchase on approval. If the buyer claims that such transaction is a sale and purchase on approval, the people's court shall not uphold such claim:
1. The contract stipulates that the buyer shall purchase the subject matter after the subject matter satisfies certain conditions after being used on a trial basis or inspected;
2. The contract stipulates that the buyer shall purchase the subject matter after a third party recognizes the subject matter after inspection;
3. The contract stipulates that the buyer may replace the subject matter within a certain period; or
4. The contract stipulates that the buyer may return the subject matter within a certain period."
22. Article 45 shall be revised to read:
"Where the laws or administrative regulations contain provisions on the contracts of transfer of creditors' rights, stock rights or other rights, such provisions shall prevail; if there is no such provision, the people's court may, subject to the provisions of Article 467 and Article 646 of the Civil Code, apply relevant provisions of the sale and purchase contract on a reference basis.
Where the relevant provisions of a sale and purchase contract are applied on a reference basis to contracts on the transfer of rights or onerous contracts, the people's court shall firstly refer to the provisions of Article 646 of the Civil Code, and then to the relevant provisions of the sale and purchase contract."
23. The order of the provisions thereof shall be adjusted accordingly.
IV. Revisions to the Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Hearing of Cases of Finance Lease Contract Disputes
1. The introduction shall be revised to read:
"In order to correctly hear cases of finance lease contract disputes, this Interpretation is formulated according to the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and in light of trial practice."
2. The title of the first part shall be revised to read:
"I. Determination of a Finance Lease Contract".
3. Article 1 shall be revised to read:
"The people's courts shall, according to Article 735 of the Civil Code and in light of the nature, value and rent components of the subject matter and the contractual rights and obligations of the parties, determine whether or not the legal relation of a finance lease is constituted.
With regard to a nominal finance lease contract which actually does not constitute the legal relation of a finance lease, the people's court shall handle the case based on the legal relation that is actually constituted."
4. Article 3, Article 4, Article 6, Article 7, Article 9, Article 10, Article 11, Article 15, Article 16, Article 17, and Article 18 shall be deleted.
5. Article 5 shall be revised to read:
"Where the lessee refuses to accept the leased item and fails to notify the lessor of the same in a timely manner, or refuses to accept the leased item without any justified reason, causing loss to the lessor, and the lessor claims compensation from the lessee, the people's court shall uphold such claim."
6. Article 12 shall be revised to read:
"Where the lessor requests the termination of the finance lease contract under any of the following circumstances, the people's court shall uphold such request:
1. the lessee fails to pay rent according to the time limit and amount stipulated in the contract, which meets the termination requirements stipulated in the contract, and still refuses to make such payment within a reasonable time limit upon a demand by the lessor;
2. the contact does not clearly stipulate the circumstance for terminating the contract for default on rental payments, but the lessee has defaulted rental payment twice or more, or the amount reaches more than 15% of the total rent, and such payment is not made within a reasonable time limit upon a demand by the lessor; or
3. other circumstances where the purpose of the contract fails to be attained due to the lessee's violation of the stipulations of the contract."
7. Article 19 shall be revised to read:
"Where the leased item does not conform to the stipulations of the finance lease contract and the lessor commits any of the following acts, and the lessee, according to Article 744 or 747 of the Civil Code, requires the lessor to bear the relevant liability, the people's court shall uphold such requirement:
1. the lessor plays a decisive role in the choice of the leased item when the lessee chooses the seller or the leased item;
2. the lessor interferes with or requires the lessee to choose the seller or the leased item based on the will of the lessor; or
3. the lessor changes the seller or leased item chosen by the lessee without authorization.
Where the lessee claims that it relied on the skill of the lessor to determine the leased item or that the lessor interfered in the choice of the leased item, the lessee bears the burden of proof in respect of the above facts."
8. Article 21 shall be revised to read:
"Where the lessor requests the lessee to pay all the unpaid rent stipulated in the contract while at the same time requests termination of the finance lease contract, the people's court shall inform the lessor to make a decision according to Article 752 of the Civil Code.
Where the lessor requests the lessee to pay all the unpaid rent stipulated in the contract, the lessee does not comply with the ruling made by the people's court, and the lessor files a new action requesting termination of the finance lease contract or to take back the leased item, the people's court shall accept such action."
9. Article 22 shall be revised to read:
"Where the lessor requests termination of the finance lease contract according to Article 6 hereof, and at the same time requests to take back the leased item and pays compensation for any losses, the people's court shall uphold such request.
The scope of compensation for loss specified in the preceding paragraph covers the balance between all the unpaid rent and other expenses of the lessee and the value of the leased item taken back. Where the leased item belongs to the lessor upon expiry of the lease period stipulated in the contract, the scope of compensation for loss shall also include the residual value of the leased item upon expiry of the finance lease contract."
10. Article 25 shall be revised to read:
"Where the parties request the people's court to protect their rights due to a dispute over default on rental payments under the finance lease contract, the limitation of action period is three years, commencing from the day on which the lease period expires."
11. The order of the provisions thereof shall be adjusted accordingly.
V. Revisions to the Interpretations of the Supreme People's Court on Several Issues concerning the Trial of Cases Involving Compensation for Damage during Railway Transportation
1. Article 11, Article 13, and Article 15 shall be deleted.
2. The order of the provisions thereof shall be adjusted accordingly.
VI. Revisions to the Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Cases Involving Disputes over Compensation for Personal Injuries during Railway Transportation
1. The introduction shall be revised to read:
"For the purposes of correctly hearing cases involving disputes relating to compensation for personal injury during railway transportation and protecting the legitimate interests of all the parties concerned in accordance with the law, issues concerning the application of law are hereby interpreted as follows in accordance with the Civil Code of the People's Republic of China, the Railway Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and on the basis of adjudication practices:"
2. Article 3 shall be revised to read:
"Where a claimant for compensation requests the other party concerned to assume liability in tort, the railway transportation court in charge of the place where the accident occurred, the place where the railway train first arrived or the place of residence of the defendant shall have jurisdiction over the case. If a claimant for compensation requests the railway carrier to assume default liability and provide personal injury compensation in accordance with Part III of the Civil Code, the railway transportation court in charge of the place of departure, the place of destination or the place of residence of the defendant shall have jurisdiction over the case."
3. Article 12 shall be revised to read:
"Where a railway passenger sustains a personal injury during the transportation of the passenger and the claimant for compensation requests the railway transportation enterprise to assume default liability, the people's court shall determine whether or to what extent the railway transportation enterprise shall assume liability in accordance with the provisions of Article 811, Article 822 and Article 823 of the Civil Code. If the claimant for compensation requests the railway transportation enterprise to assume the liability for compensation for tort, the people's court shall determine whether or to what extent the railway transportation enterprise shall assume liability in accordance with the legal provisions relating to tort liability."
VII. Revisions to the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Hearing of Cases of Disputes over Liability for Environmental Torts
1. The introduction shall be revised to read:
"In order to properly hear cases involving disputes over the liability for environmental torts, the Interpretation is formulated in accordance with the Civil Code of the People's Republic of China, the Environmental Protection Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other laws, and based on trial practice."
2. Article 1 shall be revised to read:
"Where any damage is caused to other persons by environmental pollution or ecological destruction, the infringing party shall bear tort liability regardless of fault.
Where the infringing party rebuts the presumption of liability on the ground that the discharge complies with national or local standards, a people's court shall reject the defense.
The situations in which an infringing party's liability may be exempted or mitigated are governed by the provisions of the marine environmental protection law, water pollution prevention and control law, air pollution control law, and other separate laws on environmental protection; where there is no provision in separate environmental protection laws, the Civil Code shall apply."
3. Article 2 shall be revised to read:
"Where two or more infringing parties jointly engage in the act of environmental pollution or ecological destruction, causing damage, and the tort victim requests the infringing parties to bear joint and several liability pursuant to Article 1168 of the Civil Code, a people's court shall uphold such request."
4. Article 3 shall be revised to read:
"Where two or more infringing parties separately engage in the act of environmental pollution or ecological destruction, causing the same damage, and the environmental pollution or ecological destruction act of each infringing party is sufficient to cause the entire damage, and the tort victim requests the infringing parties to bear joint and several liability pursuant to Article 1171 of the Civil Code, a people's court shall uphold such request.
Where two or more infringing parties separately engage in the act of environmental pollution or ecological destruction, causing the same damage, and no single environmental pollution or ecological destruction act of each infringing party is sufficient to cause the entire damage, and the tort victim requests the infringing parties to bear liability pursuant to Article 1172 of the Civil Code, a people's court shall uphold such request.
Where two or more infringing parties separately engage in the act of environmental pollution or ecological destruction, causing the same damage, and the environmental pollution or ecological destruction act of some infringing parties is sufficient to cause the entire damage, and the environmental pollution or ecological destruction act of some polluters merely causes any part thereof, and the tort victim, pursuant to Article 1171 of the Civil Code, requests those infringing parties causing the entire damage to be jointly and severally liable with other infringing parties for the part of damage jointly caused by them and to be liable for the entire damage, a people's court shall uphold such request."
5.
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Fa Shi [2020] No.17
December 29, 2020
The Decision of the Supreme People's Court on Revising 27 Judicial Interpretations on Civil Cases Including the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Labor Union Law of the People's Republic of China in Civil Trials, which was adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, is hereby promulgated and shall come into force as of January 1, 2021.
Decision of the Supreme People's Court on Revising 27 Judicial Interpretations on Civil Cases Including the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Labor Union Law of the People's Republic of China in Civil Trials
(Adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, and effective from January 1, 2021)
In light of the needs of judicial practice, upon the decision made at the 1823rd meeting of the Judicial Committee of the Supreme People's Court, the 27 judicial interpretations including the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Labor Union Law of the People's Republic of China in Civil Trials are revised as follows:
I. Revisions to the Interpretations of the Supreme People's Court on Several Issues concerning the Application of the Labor Union Law of the People's Republic of China in Civil Trials
1. The introduction shall be revised to read:
"For the purpose of correctly hearing civil cases involving the labor union funds and property and rights of the labor union staff, and safeguarding the legitimate rights and interests of the labor union and workers, interpretations on issues concerning the application of law are hereby given as follows, in accordance with the Civil Code of the People's Republic of China, the Labor Union Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other laws:"
2. Article 6 shall be revised to read:
"According to Article 52 of the Labor Union Law, when trying cases involving labor disputes over the termination of employment contracts of employees and labor union staff due to their participation in labor union activities or due to their performance of the duties stipulated in the Labor Union Law, the people's courts may, at the request of the parties concerned, order their employers to restore their employments and compensate them for the remunerations that they were due to receive during the period of time for which their employment contracts were terminated; or, at the request of the parties concerned, order their employers to pay them compensation equivalent to twice their annual income, and pay them economic compensation for terminating their employment contracts in accordance with Article 46 and Article 47 of the Labor Contract Law."
3. Article 7 shall be revised to read:
"Where an enterprise or public institution delays or withholds the payment of labor union funds without any valid reason, the provisions of Article 188 of the Civil Code shall apply to the period of limitation of action during which the labor union organization requests the people's court to protect its rights."
4. Article 8 shall be revised to read:
"Where a labor union organization applies to the people's court for payment orders with respect to the payment of labor union funds, it shall pay the application fees in accordance with Article 14 of the Measures for the Payment of Litigation Fees; where a labor union organization files a lawsuit separately after the ending of the supervision procedures, it shall pay the litigation fees in accordance with the standards for acceptance fees of cases involving a property dispute stipulated in Article 13 of the Measures for the Payment of Litigation Fees."
II. Revisions to the Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in the Hearing of Cases Involving Disputes over Mining Rights
1. The introduction shall be revised to read:
"The Interpretations of the Supreme People's Court on Several Issues concerning the Application of Law in the Hearing of Cases Involving Disputes over Mining Rights (hereinafter referred to as the "Interpretations") are formulated in accordance with the Civil Code of the People's Republic of China, the Mineral Resources Law of the People's Republic of China, the Environmental Protection Law of the People's Republic of China, and other laws and regulations and in combination with trial practice, in order to correctly hear cases involving disputes over mining rights and protect the legitimate rights and interests of the parties concerned in accordance with the law."
2. Article 2 shall be revised to read:
"A people's court shall uphold the claim of the party concerned for confirmation of the effectiveness of the mining rights transfer contract signed between the competent authority of natural resources of the people's government at or above the county level, as the transferor, and the transferee from the date of its legal establishment, except as otherwise provided in laws and administrative regulations."
3. Article 4 shall be revised to read:
"Where the transferee requests dissolution of a transfer contract because the transferor fails to deliver the exploration operating area or mine lot, or issue an exploration license or mining license for the mineral resources, a people's court shall support such request.
A people's court shall uphold the dissolution of a transfer contract by a transferor by reason of the transferee's exploration and mining of mineral resources not meeting the mine geological environmental protection and land reclamation plan approved by the competent departments of natural resources, and in which case, the transferee refuses to correct the violation within the time limit stipulated by the competent departments of natural resources or the exploration license or mining license for mineral resources of the transferee is revoked due to violations of laws and regulations or the transferee fails to pay the price for the transfer of mining rights as agreed."
4. Article 6 shall be revised to read:
"A contract on the transfer of mining rights will be legally binding on the establishment date thereof in accordance with the law. Where the application for the transfer of mining rights is not approved by the competent departments of natural resources, and therefore the transferee requests the handling of the registration procedures for alteration of mining rights by the transferor, a people's court will not support such request.
If the party concerned claims that the relevant contract is invalid simply on the ground that the application for transferring mining rights has not been approved by the competent departments of natural resources, a people's court will not uphold such claim."
5. Article 9 shall be revised to read:
"A people's court shall support the request of a transferor for the transferee's performance of the payment obligations before proceeding with the reporting procedures where the mining right transfer contract provides for the reporting procedures to be handled after the transferee pays the transfer price in whole or in part, except that there are circumstances proven by the transferee's adduced evidence that the transferor has transferred the same mining right to a third party, and that the mining right holder will be merged and restructured and others as stipulated in Article 527 of the Civil Code."
6. Article 10 shall be revised to read:
"A people's court shall support the case when the competent departments of natural resources do not approve the transfer of mining rights, resulting in the mining right transfer contract being rescinded, and the transferee therefore requests a refund of the paid transfer price and interest thereon, and the mining right holder requests the transferee to return the mineral products and proceeds obtained, or the exploration right holder requests the transferee to return the exploration materials and mineral products and proceeds recovered during the exploration; however, the transferee may request deduction of the relevant costs and charges.
If the party concerned is at fault with respect to the lack of approval of the application for the transfer of mining rights, it shall compensate the other party for the losses thus suffered; where the parties are at fault, they shall assume corresponding liability."
7. Article 11 shall be revised to read:
"If and in the event that the transferee requests dissolution of the transfer contract, refund of the transfer price already paid and interest thereon, and asks the mining right holder to assume liability for breach because the mining right holder has transferred the same mining rights to a third person, which has been approved and registered by the competent departments of natural resources, after the mining right transfer contract is established according to the law and before the mining right transfer is approved by the competent departments of natural resources, a people's court shall support such request."
8. Article 15 shall be revised to read:
"A people's court shall support the claim of the parties concerned that the mortgage right of a mining right is established upon registration at law.
Where the competent departments of natural resources which issue exploration licenses or mining licenses for mineral resources handle the registration procedures for the mortgage of mining rights in accordance with the relevant provisions, it will be regarded as the registration stipulated in the preceding paragraph."
9. Article 19 shall be revised to read:
"A people's court shall inform the parties concerned to apply to the competent departments of natural resources for settlement firstly with respect to a case where tort liability disputes arise over the exploration and mining of mineral resources beyond the boundary, in which the exploration and mining scope or boundary approved by the competent departments of natural resources overlaps or is unclear."
10. Article 21 shall be revised to read:
"A people's court shall accept, according to the law, the environmental public interests litigation lodged by the authorities stipulated by the state and organizations stipulated by laws arising from the exploration and mining of mineral resources causing environmental pollution or geological disasters, vegetation damage and other ecological damage.
Where the authorities stipulated by the state and organizations stipulated by laws lodge litigation for the purpose of protecting national interests and environmental public interests, it does not affect the right of natural persons, legal persons and unincorporated organizations to claim for personal and property damage as a result of the same exploration and mining act by lodging litigation according to Article 119 of the Civil Procedure Law."
III. Revisions to the Interpretations of the Supreme People's Court on Issues concerning the Application of Law for the Trial of Cases Involving Disputes over Sale and Purchase Contracts
1. The introduction shall be revised to read:
"In order to try cases involving disputes over sale and purchase contracts correctly, these Interpretations are formulated pursuant to the provisions of the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other laws and in combination with trial practice."
2. The title "Chapter I Formation and validity of sale and purchase contracts" shall be revised to read:
"Chapter I Formation of sale and purchase contracts".
3. Article 2, Article 3, Article 4, Article 15, Article 16, Article 18, Article 28, Article 30, Article 32, Article 35, Article 37, Article 41, and Article 43 shall be deleted.
4. Article 5 shall be revised to read:
"Where the subject matter is an electronic information product which is not required to be delivered in a tangible form and the parties do not specify the delivery means expressly and the delivery means cannot be confirmed pursuant to the provisions of Article 510 of the Civil Code, the delivery shall be deemed to be completed upon the buyer receiving the agreed electronic information product or the document of title."
5. Article 6 shall be revised to read:
"Pursuant to the provisions of Article 629 of the Civil Code, if the buyer refuses to receive the subject matter excessively delivered by the seller, the buyer may take custody of the excessively delivered subject matter for the seller. If the buyer claims that the seller shall bear the reasonable expenses incurred during such custody period, the people's court shall uphold such claim.
Where the buyer claims that the seller shall bear the loss caused for reasons not attributable to the intention or gross negligence of the buyer during the custody period, the people's court shall uphold such claim."
6. Article 7 shall be revised to read:
"'Relevant certificates and materials other than documents for taking the subject matter' as provided in Article 599 of the Civil Code mainly include the insurance policy, warranty bill, regular invoice, special invoice for value-added tax, manufacturer certificate, quality guarantee, experts' report on quality, quality inspection certificate, import and export quarantine certificate, certificate of origin, user's manual, packing list, etc."
7. Article 11 shall be revised to read:
"'Where transportation of the subject matter is required' as provided in Item 1, Paragraph 2 of Article 603 of the Civil Code means the circumstance where the seller is responsible for the consignment for shipment of the subject matter and the carrier is a common carrier independent from the parties to the sale and purchase contract. The bearing of the risks of the damage to or loss of the subject matter shall be subject to the provisions of Paragraph 2 of Article 607 of the Civil Code."
8. Article 17 shall be revised to read:
"The people's court shall, upon affirming the 'reasonable period' as provided in Paragraph 2 of Article 621 of the Civil Code, make a judgment in accordance with the principle of good faith subject to the nature, purpose, and habit of the transactions of the parties, the category, quantity, nature, installation and utilization of the subject matter, the nature of defects, the duty of reasonable care of the buyer, the methods and difficulty of inspection, the actual circumstance faced by the buyer or the inspector, the skill of the buyer or the inspector, or other reasonable factors.
The term of 'two years' as provided in Paragraph 2 of Article 621 of the Civil Code shall be the longest reasonable period. Such period is fixed and is not subject to the provisions on the suspension, termination or extension of the prescribed period for litigation."
9. Article 19 shall be revised to read:
"Where the buyer raises objections in the reasonable period and the seller claims that the buyer has waived the right to raise an objection on the grounds that the buyer has paid the price of goods, confirmed the sum in arrears, or used the subject matter, the people's court shall not support such claim, unless otherwise agreed by the parties thereto."
10. Article 20 shall be revised to read:
"Where the inspection period, reasonable period, or the two-year period as stipulated in Article 621 of the Civil Code expires, and the buyer claims that the quantity or quality of the subject matter does not comply with the provisions of the sale and purchase contract, the people's court shall not support such claim.
Where the seller retracts its bearing of default liability on the ground of expiration of the abovementioned periods after bearing such default liability of its own free will, the people's court shall not uphold such act."
11. Article 21 shall be revised to read:
"Where the buyer retains a partial amount of the price of goods as a quality security deposit as agreed, the seller fails to solve the quality problems promptly in the quality guarantee period, which affects the value or effect of the subject matter, and the seller claims the payment of such partial amount, the people's court shall not uphold such claim."
12. Article 22 shall be revised to read:
"Where the buyer raises quality objections in the inspection period, quality guarantee period, or the reasonable period, the seller fails to repair the subject matter as required or the buyer repairs the subject matter by itself or through a third party in the event of emergency, and the buyer claims that the seller shall bear the reasonable expenses thus incurred, the people's court shall uphold such claim."
13. Article 23 shall be revised to read:
"Where the quality of the subject matter does not comply with the agreements entered into by the parties, and the buyer requests to decrease the price of goods in accordance with the provisions of Article 582 of the Civil Code, the people's court shall uphold such request. Where any party claims to calculate the difference of price between the qualified subject matter and the subject matter actually delivered as per the market value at the time of delivery of the subject matter, the people's court shall uphold such claim.
Where the price of goods has been paid and the buyer requests the seller to refund the excess incurred for the decrease of the price of goods, the people's court shall uphold such request."
14. Article 24 shall be revised to read:
"The change to the term of payment under the sale and purchase contract will not affect the provisions on the liquidated damages for overdue payment, provided, however, that the commencement point for calculation of such liquidated damages shall be changed accordingly.
Where the sale and purchase contract contains provisions on liquidated damages for overdue payment, and the buyer refuses to pay such liquidated damages on the ground that the seller fails to claim the liquidated damages for overdue payment upon accepting the price of goods, the people's court shall not uphold such act.
Where the sale and purchase contract contains provisions on liquidated damages on overdue payment, but the statement of accounts, repayment agreement or other documents do not contain provisions on the liability for overdue payment, and the seller, upon claiming the arrearages based on the statement of accounts, repayment agreement or other documents, requests the buyer to pay the liquidated damages for overdue payment as agreed, the people's court shall uphold such request, unless such statement of accounts, repayment agreement or other documents contain expressly the principal and the amount of interest on overdue payment or the contents concerning the changes to the principal or interest or other contents under the sale and purchase contract.
Where the sale and purchase contract does not contain provisions on the liquidated damages for overdue payment or methods for calculation of such liquidated damages, the seller claims for compensation for the loss caused by overdue payment on the ground of the breach by the buyer, and such breach occurs before August 19, 2019, the people's court may calculate such loss on the basis of the RMB lending rate of the People's Bank of China applicable to such kind of loans in such claim period and by reference to the standards of penalty interest rate for overdue payment. If the breach occurs after August 20, 2019, the people's court may calculate such loss by adding an extra 30%-50% on the basis of the market-based one-year loan prime rate (LPR) published by the National Interbank Funding Center ("NIFC") under the authorization of the PBC at the time of occurrence of such breach."
15. Article 25 shall be revised to read:
"Where the seller does not implement or implements improperly the subordinated payment obligations, which causes the buyer to be unable to realize the purpose of the contract, and the buyer claims to terminate the contract, the people's court shall, pursuant to the provisions of Item 4, Paragraph 1 of Article 563 of the Civil Code, uphold such claim."
16. Article 26 shall be revised to read:
"Where, after the sale and purchase contract is terminated due to the reason of any breach by any party, the innocent party claims to continue to apply the provisions on liquidated damages, the people's court shall uphold such claim; however, if the agreed liquidated damages are much higher than the loss thus caused, the people's court may make a proposal by reference to the provisions of Paragraph 2 of Article 585 of the Civil Code."
17. Article 29 shall be revised to read:
"Where a party to a sale and purchase contract breaches such contract and causes the other party to suffer losses, and the other party claims compensation for the loss of acquirable interests, the people's court shall, at the time of determining the scope of liability for breach, affirm the acquirable interests based on the claims of the parties pursuant to the provisions of Article 584, Article 591, and Article 592 of the Civil Code, and Article 23 hereof and other provisions."
18. Article 34 shall be revised to read:
"Where the parties to a sale and purchase contract claim that the provisions of Article 641 of the Civil Code on the retention of the ownership of the subject matter apply to real estate, the people's court shall not uphold such claim."
19. Article 36 shall be revised to read:
"Where the buyer has paid seventy-five percent of the total price of the subject matter or more and the seller requests to take back the subject matter, the people's court shall not uphold such request.
In the event of the circumstance listed in Item 3, Paragraph 1 of Article 642 of the Civil Code, if a third party has obtained the ownership or other property rights of the subject matter in good faith pursuant to the provisions of Article 311 of the Civil Code, and the seller requests to take back the subject matter, the people's court shall not uphold such request."
20. Article 38 shall be revised to read:
"The 'payment in installments' as stipulated in Paragraph 1 of Article 634 of the Civil Code means that the buyer pays the payable price of goods to the seller in at least three installments in a certain period.
Where a sale and purchase contract with payment in installments contains provisions in violation of the provisions of Paragraph 1 of Article 634 of the Civil Code and the buyer therefore suffers damage, and claims that such provisions are void, the people's court shall uphold such claim."
21. Article 42 shall be revised to read:
"Where a sale and purchase contract contains any of the following provisions, the transaction under such contract is not a sale or purchase on approval. If the buyer claims that such transaction is a sale and purchase on approval, the people's court shall not uphold such claim:
1. The contract stipulates that the buyer shall purchase the subject matter after the subject matter satisfies certain conditions after being used on a trial basis or inspected;
2. The contract stipulates that the buyer shall purchase the subject matter after a third party recognizes the subject matter after inspection;
3. The contract stipulates that the buyer may replace the subject matter within a certain period; or
4. The contract stipulates that the buyer may return the subject matter within a certain period."
22. Article 45 shall be revised to read:
"Where the laws or administrative regulations contain provisions on the contracts of transfer of creditors' rights, stock rights or other rights, such provisions shall prevail; if there is no such provision, the people's court may, subject to the provisions of Article 467 and Article 646 of the Civil Code, apply relevant provisions of the sale and purchase contract on a reference basis.
Where the relevant provisions of a sale and purchase contract are applied on a reference basis to contracts on the transfer of rights or onerous contracts, the people's court shall firstly refer to the provisions of Article 646 of the Civil Code, and then to the relevant provisions of the sale and purchase contract."
23. The order of the provisions thereof shall be adjusted accordingly.
IV. Revisions to the Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Hearing of Cases of Finance Lease Contract Disputes
1. The introduction shall be revised to read:
"In order to correctly hear cases of finance lease contract disputes, this Interpretation is formulated according to the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and in light of trial practice."
2. The title of the first part shall be revised to read:
"I. Determination of a Finance Lease Contract".
3. Article 1 shall be revised to read:
"The people's courts shall, according to Article 735 of the Civil Code and in light of the nature, value and rent components of the subject matter and the contractual rights and obligations of the parties, determine whether or not the legal relation of a finance lease is constituted.
With regard to a nominal finance lease contract which actually does not constitute the legal relation of a finance lease, the people's court shall handle the case based on the legal relation that is actually constituted."
4. Article 3, Article 4, Article 6, Article 7, Article 9, Article 10, Article 11, Article 15, Article 16, Article 17, and Article 18 shall be deleted.
5. Article 5 shall be revised to read:
"Where the lessee refuses to accept the leased item and fails to notify the lessor of the same in a timely manner, or refuses to accept the leased item without any justified reason, causing loss to the lessor, and the lessor claims compensation from the lessee, the people's court shall uphold such claim."
6. Article 12 shall be revised to read:
"Where the lessor requests the termination of the finance lease contract under any of the following circumstances, the people's court shall uphold such request:
1. the lessee fails to pay rent according to the time limit and amount stipulated in the contract, which meets the termination requirements stipulated in the contract, and still refuses to make such payment within a reasonable time limit upon a demand by the lessor;
2. the contact does not clearly stipulate the circumstance for terminating the contract for default on rental payments, but the lessee has defaulted rental payment twice or more, or the amount reaches more than 15% of the total rent, and such payment is not made within a reasonable time limit upon a demand by the lessor; or
3. other circumstances where the purpose of the contract fails to be attained due to the lessee's violation of the stipulations of the contract."
7. Article 19 shall be revised to read:
"Where the leased item does not conform to the stipulations of the finance lease contract and the lessor commits any of the following acts, and the lessee, according to Article 744 or 747 of the Civil Code, requires the lessor to bear the relevant liability, the people's court shall uphold such requirement:
1. the lessor plays a decisive role in the choice of the leased item when the lessee chooses the seller or the leased item;
2. the lessor interferes with or requires the lessee to choose the seller or the leased item based on the will of the lessor; or
3. the lessor changes the seller or leased item chosen by the lessee without authorization.
Where the lessee claims that it relied on the skill of the lessor to determine the leased item or that the lessor interfered in the choice of the leased item, the lessee bears the burden of proof in respect of the above facts."
8. Article 21 shall be revised to read:
"Where the lessor requests the lessee to pay all the unpaid rent stipulated in the contract while at the same time requests termination of the finance lease contract, the people's court shall inform the lessor to make a decision according to Article 752 of the Civil Code.
Where the lessor requests the lessee to pay all the unpaid rent stipulated in the contract, the lessee does not comply with the ruling made by the people's court, and the lessor files a new action requesting termination of the finance lease contract or to take back the leased item, the people's court shall accept such action."
9. Article 22 shall be revised to read:
"Where the lessor requests termination of the finance lease contract according to Article 6 hereof, and at the same time requests to take back the leased item and pays compensation for any losses, the people's court shall uphold such request.
The scope of compensation for loss specified in the preceding paragraph covers the balance between all the unpaid rent and other expenses of the lessee and the value of the leased item taken back. Where the leased item belongs to the lessor upon expiry of the lease period stipulated in the contract, the scope of compensation for loss shall also include the residual value of the leased item upon expiry of the finance lease contract."
10. Article 25 shall be revised to read:
"Where the parties request the people's court to protect their rights due to a dispute over default on rental payments under the finance lease contract, the limitation of action period is three years, commencing from the day on which the lease period expires."
11. The order of the provisions thereof shall be adjusted accordingly.
V. Revisions to the Interpretations of the Supreme People's Court on Several Issues concerning the Trial of Cases Involving Compensation for Damage during Railway Transportation
1. Article 11, Article 13, and Article 15 shall be deleted.
2. The order of the provisions thereof shall be adjusted accordingly.
VI. Revisions to the Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Cases Involving Disputes over Compensation for Personal Injuries during Railway Transportation
1. The introduction shall be revised to read:
"For the purposes of correctly hearing cases involving disputes relating to compensation for personal injury during railway transportation and protecting the legitimate interests of all the parties concerned in accordance with the law, issues concerning the application of law are hereby interpreted as follows in accordance with the Civil Code of the People's Republic of China, the Railway Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other laws and on the basis of adjudication practices:"
2. Article 3 shall be revised to read:
"Where a claimant for compensation requests the other party concerned to assume liability in tort, the railway transportation court in charge of the place where the accident occurred, the place where the railway train first arrived or the place of residence of the defendant shall have jurisdiction over the case. If a claimant for compensation requests the railway carrier to assume default liability and provide personal injury compensation in accordance with Part III of the Civil Code, the railway transportation court in charge of the place of departure, the place of destination or the place of residence of the defendant shall have jurisdiction over the case."
3. Article 12 shall be revised to read:
"Where a railway passenger sustains a personal injury during the transportation of the passenger and the claimant for compensation requests the railway transportation enterprise to assume default liability, the people's court shall determine whether or to what extent the railway transportation enterprise shall assume liability in accordance with the provisions of Article 811, Article 822 and Article 823 of the Civil Code. If the claimant for compensation requests the railway transportation enterprise to assume the liability for compensation for tort, the people's court shall determine whether or to what extent the railway transportation enterprise shall assume liability in accordance with the legal provisions relating to tort liability."
VII. Revisions to the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Hearing of Cases of Disputes over Liability for Environmental Torts
1. The introduction shall be revised to read:
"In order to properly hear cases involving disputes over the liability for environmental torts, the Interpretation is formulated in accordance with the Civil Code of the People's Republic of China, the Environmental Protection Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other laws, and based on trial practice."
2. Article 1 shall be revised to read:
"Where any damage is caused to other persons by environmental pollution or ecological destruction, the infringing party shall bear tort liability regardless of fault.
Where the infringing party rebuts the presumption of liability on the ground that the discharge complies with national or local standards, a people's court shall reject the defense.
The situations in which an infringing party's liability may be exempted or mitigated are governed by the provisions of the marine environmental protection law, water pollution prevention and control law, air pollution control law, and other separate laws on environmental protection; where there is no provision in separate environmental protection laws, the Civil Code shall apply."
3. Article 2 shall be revised to read:
"Where two or more infringing parties jointly engage in the act of environmental pollution or ecological destruction, causing damage, and the tort victim requests the infringing parties to bear joint and several liability pursuant to Article 1168 of the Civil Code, a people's court shall uphold such request."
4. Article 3 shall be revised to read:
"Where two or more infringing parties separately engage in the act of environmental pollution or ecological destruction, causing the same damage, and the environmental pollution or ecological destruction act of each infringing party is sufficient to cause the entire damage, and the tort victim requests the infringing parties to bear joint and several liability pursuant to Article 1171 of the Civil Code, a people's court shall uphold such request.
Where two or more infringing parties separately engage in the act of environmental pollution or ecological destruction, causing the same damage, and no single environmental pollution or ecological destruction act of each infringing party is sufficient to cause the entire damage, and the tort victim requests the infringing parties to bear liability pursuant to Article 1172 of the Civil Code, a people's court shall uphold such request.
Where two or more infringing parties separately engage in the act of environmental pollution or ecological destruction, causing the same damage, and the environmental pollution or ecological destruction act of some infringing parties is sufficient to cause the entire damage, and the environmental pollution or ecological destruction act of some polluters merely causes any part thereof, and the tort victim, pursuant to Article 1171 of the Civil Code, requests those infringing parties causing the entire damage to be jointly and severally liable with other infringing parties for the part of damage jointly caused by them and to be liable for the entire damage, a people's court shall uphold such request."
5.
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