Supreme People's Court Judicial Interpretation Project Plan for 2020

Promulgation Date: 2020-3-19
Title: 最高人民法院办公厅关于印发《最高人民法院2020年度司法解释立项计划》的通知
Document Number:法办[2020)71号
Expiration date: 
Promulgating Entities: General Office of the Supreme People's Court
Source of text: 法信

Based on the decision of the 1795 meeting of the adjudication committee of the Supreme People's Court, 49 judicial interpretations have been placed on the 2020 work plan, divided into two types: The first type is to be completed before the end of 2020 and has 38 items, the second type is to be completed in the first half of 2021 and has 11 items. Efforts on judicial interpretations are to adhere to four principles: First is resolutely implementing the Party's arrangements and remaining consistent with the Party Center's directives and policies. The second is the necessity of conforming to the Constitution and laws by obeying legislative intent to correctly interpret the law, and of fully implementing the core socialist values, and appropriately handling relationships with previous judicial interpretations. The third is fully promoting democracy by broadly hearing the relevant comments of people's representatives, CPPCC members, and the public. Public comments may be openly solicited in light of specific circumstances but the risks should be fully assessed. Fourth is increasing the level of judicial interpretation work by persisting in being problem-oriented, ensuring rationality and standardization, and completing the project plan on time and with high quality.

Type 1 (to be completed before the end of 2020)

1. Interpretation of Several Issues on the Application of Law in Cases of Pre-trial Preservation of Assets

To be handled by: Case Filing Division

2. Provisions on Several Issues Relating to Preventing and Punishing Fake, Malicious, and Frivolous Litigation

To be handled by: Case Filing Division, Research Office

3. Decision on Revising the "SPC and SPP Interpretation on the Application of Law in Handling Cases of Criminal Endangerment of Food Safety"

To be handled by: 1st Criminal Division

4. SPC, SPP Interpretation on Several Issues on the Application of Law in Handling Cases of Criminal Corruption (2)

To be handled by: 2nd Criminal Division

5. SPC and SPP Interpretation on Several Issues on the Application of Law in Handling Cases of Criminal Dereliction of Duty (2)

To be handled by: 2nd Criminal Division

6. Decision on Revising the "SPC Interpretation on the Specific Application of Law in Criminal Cases of Money Laundering" (New Item)

To be handled by: 3rd Criminal Division

7. Interpretation on Specific Issues on the Application of Law in Handling Criminal Cases of Loan Fraud (New Item)

To be handled by: 3rd Criminal Division

8. Interpretation on Several Issues Regarding the Application of Law in Handling Criminal Cases of Endangering Tax Collection and Management

To be handled by: 4th Criminal Division

9. Interpretation of Several Issues on the Application of Law in Cases of Administrative Crimes (New Item)

To be handled by: 4th Criminal Division

10. Interpretation of Several Issues on the Application of Law for Restricting Commutation during the Reprieve Period for a Suspended Death Sentence

To be handled by: 5th Criminal Division

11. Interpretation of Several Issues on the Application of Law in Hearing Cases of Objections to Enforcement

To be handled by: 1st Civil Division

12. Decision to Revise the "SPC Provisions on Several Issues on the Application of Law in Hearing Civil Cases of Private Lending(New Item)

To be handled by: 1st Civil Division

13. Interpretation on Several Issues on the Application of Law in Handling Cases of the Acquisition, Management and Disposition of Non-performing Assets by Financial Asset Management Companies

To be handled by: 2nd Civil Division

14. Provisions on Transformation of Preservation Measures for Debtors' Assets after Acceptance of Bankruptcy Applications (New Item)

To be handled by: 2nd Civil Division

15. Interpretation on Several Issues of Applicable Law in Hearing Cases of Disputes Over Sureties (New Item)

To be handled by: 2nd Civil Division.

16. Provisions on Evidence in Intellectual Property Rights Proceedings

To be handled by: 3rd Civil Division, 1st Civil Division, Research Office, Intellectual Property Court

17. Interpretation of Several Issues on the Application of Law in Patent Authorization Confirmation Cases

To be handled by: 3rd Civil Division, Intellectual Property Court

18. Interpretation of Several Questions on the Application of Law in Hearing Cases of Disputes regarding Infringement of Trade Secrets

To be handled by: 3rd Civil Division, 1st Criminal Division, Intellectual Property Court

19. Provisions on Several Issues on the Application of Law in Cases of Disputes over Pharmaceutical Patent Linkage(New Item)

To be handled by: 3rd Civil Division, Case Filing Division, Intellectual Property Court

20. Interpretation on Several Issues Regarding the Application of Law in Hearing Disputes over Ship Crews' Labor Contracts

To be handled by: 4th Civil Division

21. Interpretation on Several Issues Regarding the Application of Law in Hearing Cases of Disputes over Forestry Rights

To be handled by: Environmental Division

22. Interpretation on Several Issues Regarding the Application of Law in Hearing Environmental Tort Disputes (2)(New Item)

To be handled by: Environmental Division

23. Provisions on Several Issues Regarding the Application of Law in Hearing Administrative Cases of Compensation for Rural Collective Land Expropriation (New Item)

To be handled by: Administrative Division

24. Provisions on Several Issues Regarding the Application of Law in Hearing Cases of Administrative Compensation

To be handled by: Administrative Division

25. Provisions on Several Issues on the Application of Law in Cases of Hearing Civil Controversies during Administrative Litigation

To be handled by: Administrative Division

26. Interpretation on Several Issues Regarding the Application of Law in Hearing Retrials of Cases Involving Disputes over Apparent Agency

To be handled by: Trial Supervision Division

27. Interpretation on Several Issues Concerning the Application of Law in Handling Cases of Stock Equity Enforcement

To be handled by: Enforcement Bureau

28. Decision on Amending the "Supreme People's Court's Several Provisions on Publishing the List of Information on Judgment Defaulters"(New Item)

To be handled by: Enforcement Bureau

29. Decision on Amending the "SPC's Several Provisions on Restricting High Consumption and Related Consumption of Persons Subject to Enforcement"(New Item)

To be handled by: Enforcement Bureau

30. Interpretation of Several Issues on the Application of Law in Handling Cases Connecting Civil and Criminal Matters

To be handled by: Research Office

31. Interpretation of Several Issues Related to the Application of the "P.R.C. Civil Code" (1) (New Item)

To be handled by: Research Office

32. Interpretation on the Application of the "P.R.C. Criminal Procedure Law"

To be handled by: Research Office

33. Decision Regarding Several Issues on Judicial Technology Work

To be handled by: Research Room, Trial Management Office, Judicial Equipment Administration Bureau

34. Provisions on Several Issues Regarding the People's Courts' Forensic Evaluations

To be handled by: Research Room, Trial Management Office, Judicial Equipment Administration Bureau

35. Interpretation on Several Issues Regarding the Application of Law in Labor Dispute Cases Involving Hong Kong, Macao and Taiwan Compatriots (New Item)

To be handled by: Research Office

36. Provisions on Several Issues Concerning the People's Court's Disclosure of Trial Processes Online

To be handled by: Trial Management Office

37. Provisions on the Application of Law in Hearing Cases of Civil Disputes Arising from Monopolistic Conduct (2)(New Item)

To be handled by: Intellectual Property Court, 3rd Civil Division

38. Work on Cleaning up Judicial Interpretations Related to Civil Code

To be handled by: Research Room and Relevant Divisions

Type 2 (To be completed in the first half of 2021)

1. Provisions on Several Issues Regarding the Specific Application of Law in Hearing Cases of National Defense Patent Disputes(New Item)

To be handled by: 3rd Civil Division, Intellectual Property Court

2. Interpretation of Several Issues Regarding the Application of Law on Punitive Damages for Intellectual Property Infringements

To be handled by: 3rd Civil Division, Intellectual Property Court

3. Interpretation of Several Issues Regarding the Application of Law in Hearing Civil Cases of Unfair Competition(New Item)

To be handled by: 3rd Civil Division, Intellectual Property Court

4. Provisions Regarding Several Issues in the Trial Procedures for Administrative Cases

To be handled by: Administrative Division

5. Provisions on Several Issues Regarding the Review of Normative Documents below the Rules Level as Part of Administrative Litigation

To be handled by: Administrative Division

6. Provisions on Several Issues Regarding the Application of Law in Hearing Administrative Cases Involving Higher Education(New Item)

To be handled by: Administrative Division

7. Provisions on Standards for Changing Judgments in Retrial of Criminal Cases(New Item)

To be handled by: Trial Supervision Division

8. Interpretation on How to Determine "Heinous Circumstances" as Used in the First Paragraph of Article 50 of the Criminal Law [Involving limits on commutation of suspended death sentences](New Item)

To be handled by: Trial Supervision Division

9. Provisions on Several Issues Regarding the Application of Law in Hearing Cases of Third Party Opposition

To be handled by: Research Office

10. Interpretation on Several Issues Regarding the Application of Law in Hearing Disputes over Personal Information Rights

To be handled by: Research Office

11. Provisions on Issues of the Specific Application of Law in Hearing Cases of Disputes over the Rights in New Varieties of Plants(New Item)

To be handled by: Intellectual Property Court, 3rd Civil Division