judicial interpretation

On 18 August 2021, the Supreme People’s Court of the P.R.C. issued the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People’s Republic of China (Draft for Comments)” (hereinafter referred to as the “Draft for Comments”) for public review and opinions. The Draft for Comments represents the Supreme Court’s first move of making comprehensive amendment[1] of the “Interpretation of the Supreme People’s Court on Several Issues on the Application of Law in Hearing Civil Cases Regarding Unfair Competition” (hereinafter referred to as the “2007 Judicial Interpretation of the Anti-Unfair Competition Law” or “2007 Interpretation”), which has been in effect since 2007. The Draft for Comments accommodates the 2017 and 2019 amendments of “Anti-Unfair Competition Law of the People’s Republic of China” (hereinafter referred to as the “Anti-Unfair Competition Law”) and reflects on and summarizes the relevant rules in judicial practice over the past few years.
Continue Reading Highlights of the Draft for Comments of the Judicial Interpretation of the Anti-Unfair Competition Law of the PR.C.

By Susan Ning and Ding Liang King & Wood Mallesons’ Antitrust Group

The Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct (“Anti-Monopoly Judicial Interpretation”), as adopted at the 1539th Session of the Judicial Committee of the Supreme People’s Court (“SPC”) in January 2012, were issued on May 3, 2012 and came into force on June 1, 2012. The Anti-Monopoly Judicial Interpretationreflects important experience accumulated in the judicial practice of monopoly civil disputes and is expected to play an important role in monopoly civil dispute cases. This article will briefly discuss the key issues involved in the Anti-Monopoly Judicial Interpretation. 

I .The Drafting Background of the Anti-Monopoly Judicial Interpretation
Continue Reading Commentary on the Anti-Monopoly Judicial Interpretation

作者:宁宣凤 丁亮 金杜律师事务所反垄断

《最高人民法院关于审理因垄断行为引发的民事纠纷案件应用法律若干问题的规定》(以下简称“反垄断司法解释”)已于2012年1月30日由最高人民法院审判委员会第1539次会议通过,于2012年5月3日公布,自2012年6月1日起施行。《反垄断司法解释》凝结了垄断民事纠纷案司法实践中积累的一些重要经验,将在未来垄断民事纠纷案中起到重要作用。本文将对《反垄断司法解释》所涉及的重要内容做简要的梳理和评述。

一、《反垄断司法解释》的起草背景

早在2008年8月1日《反垄断法》正式实施后,最高人民法院就已开始着手准备垄断民事纠纷案所能出现的各种问题。2008年10月24日,最高人民法院在天津召开研讨会,讨论人民法院在审理垄断民事纠纷案中急需解决的问题。
Continue Reading 反垄断司法解释评述

By Xia Dongxia and Yang Ting King & Wood Mallesons’ Dispute Resolution Group
 

The Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law for Hearing Cases of Sale and Purchase Contract Related Disputes (the “2012 Interpretation”) was promulgated on June 5, 2012, and came into effect on July 1, 2012. The 2012 Interpretation, which includes eight sections and forty-six articles, explicitly regulates the establishment and validity of sale and purchase contracts, delivery and transfer of title, risk allocation, inspection and acceptance of subject matter, liability for breach, retention of title, and special sale and purchase contracts. The 2012 Interpretation clarifies several ambiguous issues in judicial practice, and also supplements the PRC Contract Law[i](the “Contract Law”).

This article summarizes the main content of the 2012 Interpretation.


[i] The PRC Contract Law was adopted at the Second Session of the Ninth National People’s Congress on March 15, 1999, and became effective as of October 1, 1999.


Continue Reading Understanding and Clarification–China’s New Judicial Interpretation of Contract Law