Judicial explanations of the Supreme people's Court of China, subject to the provisions of the new Civil code of China

The people's Republic of China has long been undergoing a consistent reform of civil law in General, and civil law in particular, Related to the codification of the norms, regulations and institutions of law governing social relations in a socialist society. During the transition period of civil law development, at one of its stages, the new Basic provisions of civil law of the people's Republic of China (2017) were adopted. It should be noted that this law includes such important General principles of regulating the institutions of individuals and legal entities, issues of representation and the passage of time, including the Statute of limitations, transactions and civil liability, and regulated certain types of civil relations, including: personal non - property, property, obligation, intellectual, inheritance and family rights). Finally, from 1 January 2021 shall enter into force the new provisions of the Civil code of the PRC, where the Main provisions of the PRC civil law 2017, will occupy a worthy place in the General part of the civil code of the PRC. The modern significance of the codification of civil legislation is very difficult to overestimate because many attempts to adopt the Civil code since 1949 have not been successful. A long way to study the theory and practice of unified and codified civil acts of foreign countries: France (French civil code of 1804), Germany (German civil code 1896) and the Russian Federation (1994, 2001 and 2006 with subsequent amendments and additions) has led to the final political decision - GK China to be finalized in 2020, and what happened. According to Chinese scientists, in 2011, the standing Committee of the national people's Congress announced the completion of the construction of a socialist legal system with Chinese characteristics, and the time has come to combine the regulation of civil relations in the norms of one law - the civil code of the people's Republic of China. The content of the article would be incomplete if we Russian scientists and practitioners did not have to comprehend the issues of law enforcement practice of the Supreme people's court of the people's Republic of China, which by its type of activity and authority provides judicial explanations in the development of civil law in practice. The purpose of this work is to show, mainly in the framework of contract law, what difficulties judicial practice may face if the Supreme people's court of the people's Republic of China does not provide appropriate explanations, for example, in the framework of the contract of sale and other institutions of contract law, which are especially popular in the land of the rising sun. Of course, the features of the judicial system of the people's Republic of China, as well as scientific articles by Russian and Chinese scientists that reveal the powers of the country's highest judicial body are extremely informative and you have to use the information posted on the official website of the Court, as well as study the texts of the Court's explanations, which are selectively published because there is no uniformity of interpretation of judicial acts. Today in China, in modern conditions, the state economy, and, of course, «socialist property» are inviolable» and the new civil code of the people's Republic of China (2021) gives the rule of law to citizens and legal entities. It is quite important to know and appreciate the scholars and practitioners of the countries of China and Russia, other States, and how judicial explanations of the Supreme people's Court of China will influence the interpretation of norms and institutions of the Civil code of China (2021) in the development of law enforcement practice, as in their native Homeland and foreign countries where the volume of mutual trade is increasing in various fields.

Supreme people's Court of the PRC, the Civil code of the PRC, the General part, Special part, legal establishment (clarification), interpretation of law, judicial enforcement practices and international standards