Supreme People’s Court on Several
Issues Concerning the Proper Trial of Civil Cases Involving Coronavirus Pandemic Cases
Supreme people's court Issued on the proper trial of civil cases involving new
coronary pneumonia according to law:
Notice on Guiding Opinions on Certain Issues
The Higher People's Courts of all provinces, autonomous
regions and municipalities directly under the Central Government, the Military
Court of the People's Liberation Army, and the Branch of the Production and
Construction Corps of the Higher People's Court of Xinjiang Uygur Autonomous
Region:
The Guiding Opinions of the Supreme People's Court on Several
Issues Concerning the Proper Trial of Civil Cases Involving New Coronary Pneumonia
Epidemic Cases is printed and issued to you. Please implement them
carefully.
Supreme people's court
On the proper trial of civil cases involving new coronary
pneumonia according to law
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Guidance on several issues
In order to further implement the Party Central Committee ’s
overall plan to promote the prevention and control of the new coronary
pneumonia epidemic and economic and social development, it will do a good job
of the “six stability”, implement the “six guarantees” task, and guide the
people’s courts at all levels to properly review the new coronary pneumonia
outbreak contract, Financial, bankruptcy and other civil cases, the following
guidance is proposed.
I. Trial of contract cases
1. The epidemic situation or epidemic prevention and control
measures cause the parties to fail to perform the sales contract within the
agreed time limit or increase the cost of performance. Continued performance
does not affect the realization of the purpose of the contract. If the parties
request to terminate the contract, the people's court will not support it.
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If the epidemic situation or epidemic prevention and control
measures cause the seller to fail to complete the order or deliver the goods
within the agreed time limit, continue to perform the contract purpose of the
buyer, the buyer requests to terminate the contract, and the prepayment or
deposit paid has been returned, the people's court should be supported if the
buyer requests the seller to bear the responsibility for breach of contract,
the people's court will not support it.
2. The sales contract can continue to be performed, but the
epidemic situation or epidemic prevention and control measures have led to a
significant increase in labor, raw materials, logistics and other performance
costs, or caused a significant price reduction in the product. Continued
performance of the contract is obviously unfair to one party, and the affected
party requests adjustment For the price, the people's court shall adjust the
price according to the principle of fairness in light of the actual situation
of the case. If the epidemic situation or epidemic prevention and control
measures cause the seller to fail to deliver within the agreed period, or the
buyer cannot pay within the agreed period, and the parties request to change the
performance period, the people's court shall combine the actual situation of
the case and change the performance according to the principle of fairness the
term.
If the contract has been changed by adjusting the price,
changing the performance period, etc., and the parties request the other party
to bear the responsibility for breach of contract, the people's court will not
support it.
3. After the seller and the buyer have entered into a
contract for the sale of epidemic prevention materials, the high price of the
epidemic prevention materials will be resold to others and the contract cannot
be fulfilled. If the buyer requests that the profit from the seller be used as
the amount of compensation for damages, the people's court shall support it. If
the government calls for or temporarily requisitions the epidemic prevention
materials, which prevents the seller from fulfilling the sales contract, and
the buyer requests the seller to bear the responsibility for breach of
contract, the people ’s court shall not support it.
4. If the epidemic situation or the epidemic prevention and
control measures cause the seller to fail to deliver the house within the time
limit agreed in the commercial house sales contract, or cause the buyer to fail
to pay the purchase price within the agreed time period, and the parties
request to terminate the contract, the other party shall bear the
responsibility for breach of contract. The court did not support it. However,
if the parties request to change the time limit for performance, the people's
court shall make changes based on the principle of fairness in light of the
actual situation of the case.
5. The leased house is used for business. The epidemic
situation or epidemic prevention and control measures caused the lessee's capital
turnover to be difficult or the operating income was significantly reduced. The
lessor requested the termination of the lease contract on the ground that the
lessee did not pay the rent within the agreed period, and the lessee shall bear
the breach of contract. The people's court will not support the responsibility.
For temporary venue lease contracts reserved for specific
purposes such as exhibitions, conferences, temple fairs, etc., the epidemic
situation or epidemic prevention and control measures have led to the
cancellation of the activity. If the lessee requests to cancel the lease
contract and return the advance payment or deposit, the people ’s court shall
support it.
6. Lease of houses of state-owned enterprises and houses of
administrative institutions such as government departments, universities,
research institutes, etc. for operation. Small and micro enterprises in
service industry, individual industrial and commercial households and other
tenants who have operating difficulties due to the epidemic situation or
epidemic prevention and control measures, request if the lessor exempts the
rent within a certain period in accordance with relevant national policies, the
people’s court shall support it.
Lease of non-state-owned houses for operation, epidemic or
epidemic prevention and control measures lead to less or no significant
reduction in operating income, continue to pay rent in accordance with the
original lease contract is obviously unfair, lessee requests to reduce rent,
extend the lease term or extension. If the rent is paid, the people's court may
guide the parties to carry out mediation with reference to the policy on rent
reduction and exemption. If the mediation fails, the contract shall be changed
according to the principle of fairness based on the actual situation of the
case.
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7. If the contractor fails to complete the construction
within the agreed time limit due to the epidemic situation or the epidemic
prevention and control measures, the people’s court will not support the
contractor ’s request for the contractor’s breach of contract.
If the
contractor requests an extension of the time limit, the people’s court shall
consider the epidemic situation or the epidemic situation The degree of impact
of prevention and control measures on contract performance shall be supported
as appropriate.
The epidemic situation or epidemic prevention and control
measures have led to a significant increase in the cost of labor, building
materials, etc., or caused the contractor to suffer losses such as labor costs
and equipment rental fees. Continued performance of the contract is obviously
unfair to the contractor. If the contractor requests an adjustment of the
price, the people’s court shall combine The actual situation of the case is adjusted
according to the principle of fairness.
8. The offline training contract entered into by the parties
cannot be trained offline due to the epidemic situation or the epidemic
prevention and control measures, and can achieve the purpose of the contract
through online training or changing the training period. Support, if the
parties request to continue to perform the contract through online training,
change the training period, adjust the training cost, etc., the people's court
should combine the actual situation of the case and change the contract
according to the principle of fairness.
Affected by the epidemic situation or epidemic prevention and
control measures, offline training cannot be conducted, the contract purpose
cannot be achieved through online training, or the actual situation of the case
indicates that online training is not suitable. If the training party requests
to terminate the contract, the people's court shall support it. For a training
contract with time-limiting requirements, if the training period is changed and
the purpose of the contract cannot be achieved, if the recipient accepts the
request to terminate the contract, the people’s court shall support it.
After
the training contract is cancelled, the training fees already paid in advance
shall be refunded in whole or in part according to the training hours and other
circumstances.
9. Persons with limited capacity for civil conduct, who do
not agree with their guardians, participate in online payment games or
"reward" on online live broadcast platforms and spend money that is
incompatible with their age and intelligence. If the guardian requests the
network service provider to return the money, the people The court should
support it.
II. The trial of financial cases
10. The People's Court is hearing the disputes involving
financial loans involving industries that are more affected by the epidemic
situation or the epidemic prevention and control measures, as well as promising
enterprises that are temporarily affected by the epidemic situation or the
epidemic prevention and control measures, especially small and medium-sized
enterprises. Full consideration should be given to the series of financial
support policies such as the “Notice on Further Strengthening Financial Support
to Prevent and Control New Coronavirus Infection Pneumonia” issued by the five
departments including the People’s Bank of China. Loans due to financial
institutions that violate financial support policies expire early and are
unilaterally released. Litigation claims such as contracts are not supported by
the people’s courts.
The interest charged by financial institutions and the
disguised interest charged in the name of consulting fees, guarantee fees and
other fees must be strictly based on the provisions of special credit
preferential interest rate policies such as national re-loan and discount. No
support for the excess involved in hospitalization or isolation of new
coronary pneumonia or isolation personnel, epidemic prevention and control need
to isolate observers, staff participating in epidemic prevention and control,
and persons affected by epidemic or epidemic prevention and control measures
who temporarily lose their source of income.
Housing mortgage, credit card and
other personal Disputes, the people's court should be combined with the actual
circumstances of the case, change the repayment period according to the
principle of fairness.
11. Epidemic prevention materials production and operation
enterprises set up floating mortgages with their production equipment, raw
materials, semi-finished products, products and other movable property, and the
mortgagee shall apply for the realization of the security rights in accordance
with Article 196 of the Civil Procedure Law of the People's Republic of China
After the people's court accepts the application, if the respondent or
interested party can prove that the realization of the mortgage right will
endanger the production and operation of the enterprise's epidemic prevention
materials, they may wait for the epidemic situation or the factors affecting
the epidemic prevention and control measures to be resolved.
12. For stock pledge and financing and securities lending
disputes caused by stock market price fluctuations during epidemic prevention
and control, different situations should be dealt with: for the on-site stock
pledge and financing and securities lending disputes where creditors are
securities companies, the People’s Court can refer to the China Securities
Regulatory Commission. The relevant policies issued by the meeting will guide
securities companies to negotiate and resolve disputes with different customer
groups in accordance with the policy.
If the negotiation fails, the client’s
lawsuit requesting the securities company to bear the liability for
compensation for the part of the loss expansion caused by the illegal liquidation
of the regulations will be supported according to law. For OTC stock pledge
disputes where creditors are other financial institutions, the people’s court
should fully consider the impact of the realization of stock pledges on the
normal operation of listed companies, strengthen policy guidance and
coordination of interests of all parties, and strive to reduce the impact on
the securities market.
13. When the people's court hears a case of infringement of
civil compensation for a false statement of a listed company, when determining
the amount of investor losses, it shall be in accordance with Article 19,
Articles of the Supreme People's Court on the Trial of Civil Compensation Cases
Caused by False Statements in the Securities Market The provisions of the four
items distinguish between the epidemic situation or the factors affecting the
epidemic prevention and control measures and the misrepresentation of stock
price losses, and determine the scope of loss compensation fairly and
reasonably according to law.
14. For the disputes caused by the implementation of the
"performance-to-gambling agreement" by companies or their
shareholders, actual controllers and investors that have been severely affected
by the epidemic situation or the epidemic prevention and control measures such
as wholesale and retail, accommodation and catering, logistics and
transportation, cultural tourism, etc.
The actual situation of the impact of
the epidemic situation or epidemic prevention and control measures on the
performance of the target company should be fully considered, and the parties
should be guided to negotiate changes or cancellation of the contract.
If the
parties fail to negotiate and continue to perform according to the agreed
performance standards or the amount of performance compensation, which is
obviously unfair to one party, the people’s court shall, in light of the
actual situation of the case, change or cancel the contract according to the
principle of fairness; if the contract is cancelled, the contract shall be
reasonably allocated according to law Lift the loss caused.
If the "performance-to-gambling agreement" does not
clearly stipulate that the company's small and medium shareholders and the
controlling shareholder or the actual controller shall bear joint and several
liabilities for performance compensation, the investor shall be required to
jointly and jointly sue the small and medium shareholders and the company, the
controlling shareholder or the actual controller for joint liability. The
request was not supported by the people's court.
15. When hearing medical insurance contract disputes related
to the epidemic situation or epidemic prevention and control measures, the
People's Court does not support the defense that the disease is not within the
scope of the major disease or insurance accidents stipulated in the commercial
medical insurance contract.
If the insured who is infected with New Coronary
Pneumonia fails to receive treatment at the medical service institution as
stipulated in the insurance contract due to the epidemic situation or the
epidemic prevention and control measures, the insured or the beneficiary shall
request the insurer to pay compensation according to the contract of the
insurance contract. Should be supported.
The contracted expenses incurred by
the insured to receive treatment at a medical service institution not
stipulated in the insurance contract due to other diseases are indeed caused by
objective reasons such as epidemic situation or epidemic prevention and control
measures. If the insured or the beneficiary requests compensation, the people’s court shall support . If the insured or the beneficiary requests
compensation according to the medical insurance contract donated by the
insurance company during the epidemic prevention and control period, the people’s court shall support it.
16. In the trial of civil disputes arising from the financial
leasing business of medical equipment between a financial leasing company and a
medical service organization, the medical service organization claims that the
financial leasing contract is invalid on the ground that the financial leasing
company has not obtained the medical device sales administrative license The
People’s Court did not support the defense.
III. The trial of bankruptcy cases
17. Enterprises affected by the epidemic situation or the
epidemic prevention and control measures cannot pay off their due debts. If a
creditor applies for bankruptcy, the people’s court shall actively guide the
debtor to negotiate with the creditor and eliminate it by instalment payment,
extension of the debt performance period, change of contract price, etc.
Reasons for bankruptcy application, or guide the debtor to resolve the debt
crisis through out-of-court mediation, out-of-court reorganization,
pre-reorganization, etc., so as to achieve the early rescue of the enterprise.
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18. When examining whether an enterprise meets the conditions
for acceptance of bankruptcy, the people ’s court should pay attention to
whether the enterprise is in a dilemma and is treated differently due to the
epidemic situation or the epidemic prevention and control measures.
For
enterprises that were in good business conditions before the outbreak, caused
by the epidemic or the impact of the epidemic prevention and control measures,
and unable to pay off due debts due to the difficulty of capital turnover, the
company's ability to solve the problem should be comprehensively determined
based on factors such as the company's sustainable operating capacity and the
development prospects of the industry.
In order to prevent the ruling of an
enterprise that originally had the ability to survive into bankruptcy simply
based on the capital flow and assets and liabilities of the enterprise in a
specific period. Enterprises that have fallen into a predicament before the
outbreak of the epidemic, whose production and operation have further
deteriorated due to the epidemic or the epidemic prevention and control
measures, and who already have the cause of bankruptcy, should accept the
bankruptcy application in time according to law to achieve the survival of the
fittest in the market and the reallocation of resources.
19. To further promote the link between execution and
bankruptcy proceedings. If it is found in the execution procedure that the
person subject to execution has the cause of bankruptcy due to the epidemic
situation but has salvage value, the creditor or person subject to execution
shall be guided to the bankruptcy review by means of interpretation, etc., and
the execution suspension and preservation prescribed by the Enterprise
Bankruptcy Law shall be used reasonably.
The system of cancellation, interest
stop and payment stop effectively preserves the operating value of the
enterprise and wins space for the regeneration of the enterprise. At the same
time, actively guide enterprises to apply bankruptcy reorganization and
reconciliation procedures, comprehensively solve the corporate debt crisis,
fair and orderly repay all creditors, and realize the protection and rescue of
the difficult enterprises.
The judicial auction procedure that has been initiated before
the court made the transfer decision may continue after the transfer decision
is made. If the auction is completed, the subject of the auction will no longer
be included in the debtor’s property in the bankruptcy proceedings, but the
auction proceeds shall be distributed in accordance with the bankruptcy
proceedings according to law.
If an asset evaluation report or an audit report
has been made during the execution procedure, and the evaluation conclusion is
within the validity period or the audit conclusion meets the needs of the
bankruptcy case, it may continue to be used in the bankruptcy procedure.
20. In the bankruptcy reorganization procedure, if the investor
cannot be recruited due to the epidemic or the impact of the epidemic
prevention and control measures, due diligence and negotiation cannot be
submitted on time, the people’s court may follow the application, based on the
actual impact of the epidemic situation or epidemic prevention and control
measures on the reorganization work, is reasonably determined that it should
not be included in the period specified in Article 79 of the Enterprise
Bankruptcy Law, but generally not exceeding six months.
If the reorganization plan or settlement agreement has
entered the implementation stage, but the debtor is difficult to implement due
to the impact of the epidemic situation or the epidemic prevention and control
measures, the people’s court shall actively guide the parties to fully
negotiate to make changes.
Anyone who negotiates to change the reorganization
plan or the settlement agreement shall vote in accordance with the provisions
of Articles 19 and 20 of the "Minutes of the National Bankruptcy Trial Work
Conference" and submit it to the court for approval. However, if only the
execution period is changed, the people’s court may make a ruling directly on
the basis of the debtor’s or creditor’s application.
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