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1 In relation to the basic legal system of China:
(a) explain the roles of judicial interpretations made by the Supreme People’s Court;
(b) state any one of the rules regarding the validity of a contract provided for in the judicial interpretations on the Contract Law by the Supreme People’s Court.
答案:
1 This question requires candidates to explain the roles of judicial interpretations made by the Supreme People’s Court, and state any one of the rules regarding the validity of a contract stipulated in the judicial interpretations of Contract Law.
(a) The roles of judicial interpretation made by the Supreme People’s Court include:
(i) Interpreting any legal issues that are new and uncertain, causing difficulties in understanding and enforcement of the law;
(ii) Adapting the law to changed circumstances and atoning for legislative insufficiency;
(iii) Developing and applying a coherent and unified approach to the application of law;
(iv) Determining the jurisdiction issue and giving guidance as operational criteria.
(b) In its judicial interpretation on the Contract Law, several rules are relevant to the validity of a contract that stipulate:
(i) Where the approval or registration is required for the validity of a contract, and the parties fail to get approval or registration before the end of the debate in the first instance, the contract may be deemed as void by the court.
(ii) Where the law or administrative regulations require a contract to be registered but do not stipulate that such a contract shall take effect upon registration, the party’s omission to register does not affect the validity of the contract.
(iii) A contract concluded exceeding the business scope of either party shall not be deemed as void by the court, except that the party has violated the rules as to the restrictive operations or concession by the State, or that the laws or administrative regulations prohibit such business operations.
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