With the implementation of the Civil Code imminent, how to deal with civil cases that have not been

In principle, laws do not have retroactive effect, except for special provisions made to better protect the rights and interests of citizens, legal persons and other organizations, which are theoretically called retroactive benefits. This so-called retroactivity of benefits has been applied from ancient times to the present in the application of criminal law, but there is no uniform provision in the application of civil law. It is necessary to analyze the situation according to the specific situation to see whether the application of the Civil Code is more conducive to protecting the legitimate rights and interests of the parties, or whether the application of the law at that time is more conducive to protecting the rights and interests of the parties.

Of course, the Supreme People's Court has also formulated relevant judicial interpretations or judicial policy documents for some common issues.

It is precisely for this reason that the minutes of the National Conference on the Trial of Civil and Commercial Cases also clearly pointed out that contracts established before the implementation of the General Provisions of the Civil Law shall be deemed invalid in accordance with the law at that time, and the provisions of the General Provisions of the Civil Law shall be deemed valid or voidable in accordance with the provisions of the General Principles of the Civil Law. In addition, after the adoption and implementation of the General Principles of the Civil Law, the Supreme People's Court made a judicial interpretation on the retroactive effect of the statute of limitations stipulated in the General Principles of the Civil Law, so as to unify the judgment standards in judicial practice. Although the above-mentioned judicial interpretations and judicial policy documents are not aimed at the implementation of the Civil Code, they can also be used as an important basis for judging favorable traceability.

It is worth noting that due to the particularity of civil trials themselves, civil law may also be endowed with retroactive force in addition to good retroactivity. As mentioned above, civil trials are different from criminal trials and administrative trials, and when there are loopholes in the statutory law, the people's court should fill in the loopholes in the statutory law through certain legal interpretation methods (such as analogy) and make a judgment accordingly. In this case, during the alternation of the old and new laws, the new law makes clear provisions on a certain issue, but the old law does not, the people's court should use the provisions of the new law to fill in the loopholes in the old law and make a corresponding judgment.

In this sense, although the people's courts apply the old law, the application of the new law only fills the loopholes of the old lawHowever, in doing so, it also expands the scope of application of the new law, and actually gives the new law a certain retroactive effect.

As for the retroactivity of the new law, in the process of formulating the General Principles of the Civil Law, the draft expert opinion specifically set up provisions to clarify them, but due to large differences, they were not finally stipulated in the General Principles of the Civil Law. However, the minutes of the National Conference on the Trial of Civil and Commercial Cases clearly pointed out that although the legal facts occurred before the implementation of the General Principles of the Civil Law, the law did not provide for them at that time, while the General Principles of the Civil Law did. For example, there are no provisions in contract law on false representations and third-party fraud.

After a dispute arises, the civil law may revise the adjudication rules based on the judge's non-refusal, and the relevant provisions of the General Provisions are the basis for the judgment. Although this provision aims to solve the issue of the timeliness of the general principles of the Civil Code, it can also be applied by analogy to deal with the retroactivity of the Civil Code.

The law does not have retroactive effect in principle, but is only a special provision to better protect the rights and interests of citizens, legal persons and other organizations, which, in theory, is called retroactive effect. This so-called retroactivity of interests has been applied in the application of criminal law since ancient times, but there is no uniform provision in the application of civil law. It is necessary to analyze the situation according to the specific situation to see whether the application of the civil law is more conducive to the protection of the legitimate rights and interests of the parties, or whether the application of the law at that time is more conducive to the protection of rights.

Parties. Of course, for some common problems, the Supreme People's Court has also formulated relevant judicial interpretations or judicial policy documents.

Civil cases that have not been accepted shall be disposed of within a reasonable period of time in accordance with the relevant laws before they are published. If it is not accepted, it may be accepted again.

Although according to the provisions of the Legislation Law, the Civil Code can only be applied to legal facts that occurred after the implementation of the Law in principle, and the legal facts that occurred before the implementation of the Civil Code can only be applied to the laws at that time in principle, according to the provisions of the Legislation Law and the laws of civil adjudication itself, the retroactive effect of the Civil Code should be recognized in exceptional circumstances.

It should be dealt with in accordance with the new Civil Code, but there should be no contradiction, because after all, the law is all about justice.

If an act or event occurs before the implementation of the Civil Code, the litigation arising therefrom after the implementation of the Civil Code cannot be applied to the Civil Code. The provisions of the Civil Code shall apply to civil disputes arising from legal facts after the implementation of the Civil Code.

In cases of civil disputes arising from legal facts before the implementation of the Civil Code, the provisions of the laws and judicial interpretations at that time shall apply, except as otherwise provided by the laws and judicial interpretations. The provisions of the Civil Code shall apply to civil dispute cases arising from legal facts before the implementation of the Civil Code until after the implementation of the Civil Code, except as otherwise provided by laws and judicial interpretations.

Needless to say, the laws and regulations are the same, and which one is the same;

Where the provisions of the new law are inconsistent with the provisions of the old law, the provisions of the new law shall apply.

Regardless of the time of the act or event, the court hears the case in accordance with the legal provisions in force.

In accordance with the principle of non-retroactivity of the law, civil cases before the Civil Code came into effect were handled in accordance with the law in force at the time the case was accepted. The Civil Code will come into force on January 1, 2021. Although according to the provisions of the Legislation Law, the Civil Code can only be applied in principle to legal facts that occurred after the implementation of the Law, and legal facts that occurred before the implementation of the Civil Code.

In principle, only the laws of the time can be applied, but in accordance with the provisions of the Legislation Law and the rules of civil adjudication itself, the retroactive effect of the Civil Code should be recognized in exceptional circumstances. In addition, some people may erroneously believe that the Civil Code will not have any impact on the current civil and commercial trials until it comes into force.

Even before the implementation of the Civil Code, some provisions of the Civil Code have important guiding significance for the current civil and commercial trials, because before the implementation of the Civil Code, although the people's courts could not make judgments based on the Civil Code, but could only make judgments based on the current laws, if the current laws did not provide for them or the provisions were not clear.

However, the provisions of the Civil Code are provided for or are more clearly defined, and the people's courts cite the provisions of the Civil Code as the basis for reasoning in the reasons for adjudication, which is also an inevitable requirement of the above-mentioned legal interpretation methods. In this regard, once the Civil Code is adopted, the era of the Civil Code has arrived, and we must be fully prepared to contribute to the correct implementation of the Civil Code.

It depends on whether the brick kiln itself has potential safety hazards. If so, the unit should be responsible, as the unit should have protective measures and warning signs. The extent of responsibility depends on the specific circumstances at the time.

Legal analysis: Cases that are being tried after the implementation of the Civil Code shall be determined according to the actual circumstances of the case, and the new provisions shall not be retroactive, and the new provisions or the old regulations shall be applied from the perspective of protecting the interests of the parties, and the specific circumstances shall be determined by the court.

Legal basis: Article 1260 of the Civil Code of the People's Republic of China This law shall come into force on January 1, 2021. The Marriage Law of the People's Republic of China, the Inheritance Law of the People's Republic of China, the General Principles of the Civil Law of the People's Republic of China, the Adoption Law of the People's Republic of China, the Guarantee Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Law of the People's Republic of China on Leniency of Property and History, the Tort Liability Law of the People's Republic of China, and the General Provisions of the Civil Law of the People's Republic of China shall be repealed at the same time.

Legal analysis: In cases of civil disputes arising from legal facts before the implementation of the Code of the People's Republic of China, the provisions of the laws and judicial interpretations at that time shall apply, unless otherwise provided by the laws and judicial interpretations. The provisions of the Civil Code shall apply to civil disputes arising from legal facts before the implementation of the Civil Code of the People's Republic of China until after the implementation of the Civil Code, except as otherwise provided by laws and judicial interpretations.

In cases of civil disputes arising from legal facts before the implementation of the Civil Code of the People's Republic of China, the provisions of the laws and judicial interpretations at that time shall apply, except where the application of the provisions of the Civil Code is more conducive to the protection of the lawful rights and interests of civil subjects, the maintenance of social and economic order, and the promotion of the core socialist values.

Legal basis: "Several Provisions of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on the Temporal Effect" Article 3 In civil dispute cases arising from legal facts before the implementation of the Civil Code, where there are no provisions in the law at that time or the interpretation of the Sipishanfan Law but the Civil Code does, the provisions of the Civil Code may be applied, except where the lawful rights and interests of the parties are clearly derogated, the legal obligations of the parties are increased, or the reasonable expectations of the parties are deviated.