Domestic Law Reforms in Post-Mao China

By Pitman B. Potter | Go to book overview

VIII. Other Provisions
196. . In cases brought after 1 January 1987, if the civil acts in question occurred before 1987, the law and/or policy in effect at the time when the civil act took place governs. Where the law or policy in effect at that time did not have specific provisions, the cases may be handled with comparative reference to the General Principles.
197. . Cases brought up for review or for new trial under the judicial supervision procedure should be handled in accordance with the law or policy in effect at the time of the original trial.
198. . Where a time period that parties agree upon does not start from the first day of a month or a year, a month is deemed to consist of thirty days and a year to consist of 365 days.

Where the last day of a time period is a Sunday or other legal holiday or [its designated equivalent] adjusted day, the last day of the time period is the day following the [Sunday or] holiday.

199. . Where a time period is calculated on the basis of days, months, or years, if the parties have made an agreement with respect to when the time period starts to run, the agreement governs.
200. . Provisions previously promulgated by the Supreme People's Court that are inconsistent with the General Principles and this Opinion are not followed from now on by the People's Courts at various levels when handling civil and economic cases as courts of first instance or as appellate courts.

Notes
1.
Words in brackets do not appear but are implicit in the Chinese text.
2.
Under Article 11 of the General Principles of Civil Law of the People's Republic of China (hereinafter General Principles).
3.
Under Art. 12 of the General Principles.
4.
As in Art. 13, par. 2, of the General Principles.
5.
Under Art. 13 of the General Principles.
6.
Ibid.
7.
Under Art. 15 of the General Principles.
8.
Ibid.
9.
For an example of the expression "close relatives," see General Principles, Art. 17(4).
14.
See ibid. Art. 64. The sense is an agent appointed by a principal and could be translated "agent by agreement."
15.
The Chinese (tichu) literally means "suggests" or "proposes," but the sense seems stronger than that.
16.
The sense here is to sell it and divide the cash.

-136-

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