On December 27, 2022, the Supreme People's Court issued Documentary No. 206/TANDTC-PC ("Documentary 206") to the People's Courts, Military Courts and agencies under the Supreme People's Court for announcing the responses to some entanglements in the trial work of the Judges’ Council of the Supreme People's Court.
The answers of the Judges’ Council of the Supreme People's Court (the “JC”) focusing on the fields of criminal and criminal procedure, civil and civil procedure, business and commerce, have removed several difficulties in trial work of the People's Courts, and at the same time, set out some application directions in practice.
ATA would like to present some notable contents in Documentary 206 as follows:
Marriage relationship shall only be terminated by an effective judgment or decision of the Court
Matters: In a marriage and family case, where the Mediator has successfully reconciled and the two parties agreed to divorce by mutually signing the Successful Mediation Recognition Minutes. However, the parties did not request the Court for an Amicable Divorce Recognition Decision. In this context, whether the Successful Mediation Recognition Minutes is legally valid? Whether it is considered as dissolution of marriage?
Responses of the JC: the Successful Mediation Recognition Minutes, which recognizes that the spouses agreed on an amicable divorce, is only used as a basis for the Amicable Divorce Recognition Decision (recognizing the results of mediation settlement) of the Court. Accordingly, the marriage is dissolved from the date on which the Decision takes effect. If the parties do not request the Court to issue Amicable Divorce Recognition Decision, their marriage has yet been legally dissolved.
Clearly distinguish the eligibility to participate in proceesings of "Business Household" and "Business Household Owner"
Matters: In case of dispute settlement where one party is a business household, of which owner is a person over 60 years old, whether this case shall subject to court fee exemption?
Responses of the JC: the business household owner is only the representative of the business household participating in the civil proceedings, not the litigant. Therefore, court fees shall be applied to the business household, in stead of its owner. As a result, if the business household owner is a person over 60 years old, the business household is still subject to court fees as prescribed.
Accordingly, given the aforementioned guidelines, the JS has clearly distinguished the procedural capacity as well as the rights and obligations when participating in the civil procedures of "business households" and those of "business household owners".
Clarification on whether the statute of limitations for lawsuits shall be applied in administrative procedures
Matters: Whether Clause 2, Article 149 of the 2015 Civil Code, which requires parties to make a request for applying the statute of limitations for lawsuits in administrative cases?
Responses of the JC: when the statute of limitations for a lawsuit has expired, the Court shall suspend the proceedings of the administrative case, regardless the request for applying statute of limitations for lawsuit. Thus, in administrative procedures, the Court will actively determine and decide to apply the statute of limitations for lawsuits instead of doing so upon a request of the litigants.
Documentary 206 takes effect from the issuance date.
Comment: