Interpretation of Some Issues on the Application of General Principles of Civil Law in People's Republic of China (PRC)

(adopted at the 186 1 meeting of the Supreme People's Court Judicial Committee on February 30, 2026, and shall come into force on March 1 day, 2022).

In order to correctly hear civil cases, protect the legitimate rights and interests of civil subjects in accordance with the law, and maintain social and economic order, this interpretation is formulated in accordance with the General Principles of the Civil Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with trial practice.

I. General provisions

Article 1 Where there are provisions on civil relations in Parts II to VII of the Civil Code, the people's court shall directly apply the provisions; Where there are no provisions in Parts II to VII of the Civil Code, the provisions in Part I of the Civil Code shall apply, except for those that cannot be applied according to their nature.

For the same civil relationship, the provisions of other civil laws are refined by the corresponding provisions of the Civil Code, and the provisions of that civil law shall apply. Where the Civil Code stipulates that other laws shall apply, the provisions of that law shall apply.

Where the Civil Code and other laws have no specific provisions on civil relations, the provisions of the Civil Code on basic principles can be followed.

Article 2 The folk customs and habits that have been generally observed by ordinary people in civil activities for a long time within a certain region and industry scope can be recognized as the habits stipulated in Article 10 of the Civil Code.

If the parties advocate the application of customs, they shall provide corresponding evidence about customs and their specific contents; When necessary, the people's court may find out ex officio.

The application of customs shall not violate the socialist core values or public order and good customs.

Article 3 The people's court may determine the abuse of civil rights as mentioned in Article 132 of the Civil Law according to factors such as the object, purpose, time and method of exercising rights and the degree of interest imbalance between the parties.

If the actor exercises civil rights with the main purpose of harming national interests, social public interests and the legitimate rights and interests of others, the people's court shall consider that it constitutes an abuse of civil rights.

If it constitutes an abuse of civil rights, the people's court shall hold that the abuse has no corresponding legal effect. Damage caused by abuse of civil rights shall be dealt with in accordance with the relevant provisions of Part VII of the Civil Law.

Two. Capacity for civil rights and capacity for civil conduct

Article 4 Where the protection of the interests of the fetus, such as inheritance and acceptance of gifts, is involved, and the parents claim the corresponding rights as legal representatives before the birth of the fetus, the people's court shall support them according to law.

Article 5 The people's court may determine whether the civil juristic act carried out by a person with limited capacity for civil conduct is suitable for his age, intelligence and mental health, whether his behavior is related to life, whether his intelligence and mental health can understand his behavior and foresee the corresponding consequences, and its target, quantity, price or remuneration.

Third, guardianship

Article 6 The people's court shall determine a natural person's guardian according to his age, physical and mental health, economic conditions and other factors. The determination of the guardianship ability of an organization should be based on its qualifications, credit, property status and other factors.

Article 7 If the guardian's parents appoint a guardian through a will, and the designated person does not agree to be the guardian when the will comes into effect, the people's court shall apply the provisions of Articles 27 and 28 of the Civil Law to determine the guardian.

Minors are guardians by their parents. One parent designates a guardian through a will, and the other parent has guardianship capacity when the will comes into effect. If the parties have disputes over the determination of the guardian, the people's court shall apply the provisions of the first paragraph of Article 27 of the General Principles of the Civil Law to determine the guardian.

Article 8 If the parents of minors conclude an agreement with other persons with guardianship qualifications according to law, stipulating that parents with guardianship ability are exempted from guardianship duties, the people's court will not support it. If the agreement stipulates that the parents of minors lose custody, the people's court shall support it according to law.

In accordance with the provisions of Article 30 of the Civil Code, it is agreed between persons with guardianship qualifications according to law that persons in different orders specified in Article 27, paragraph 2, and Article 28 of the Civil Code shall jointly serve as guardians, or the person with the last order shall serve as guardians, and the people's court shall support it according to law.

Article 9 When the people's court appoints a guardian in accordance with the provisions of Article 31, paragraph 2, and Article 36, paragraph 1 of the Civil Law, it shall respect the true wishes of the ward and appoint a guardian according to the principle of being most beneficial to the ward, with specific reference to the following factors:

(1) Being closely related to the life and feelings of the ward;

(2) a guardianship order of a person with guardianship qualification according to law;

(three) whether there are illegal and criminal circumstances that are not conducive to the performance of guardianship duties;

(4) Guardianship ability, will and conduct. A person with guardianship qualification according to law.

The guardian appointed by the people's court according to law should generally be one person. If it is more conducive to protecting the interests of the ward, it may be several people.

Article 10 If a party refuses to accept the designation of a residents' committee, villagers' committee or civil affairs department and applies to the people's court for appointing a guardian within 30 days from the date of receiving the notification of designation, the people's court shall rule that the designation is not improper and reject the application according to law; If the designation is considered improper, the designation shall be revoked according to law and a guardian shall be appointed separately.

If the parties file an application 30 days after receiving the notice of designation, the people's court shall handle it according to the change of guardianship.

Article 11 After an adult with full capacity for civil conduct has concluded a written agreement with others to determine his guardian in advance in accordance with the provisions of Article 33 of the Civil Law, if one of the parties to the agreement requests to terminate the agreement before the adult loses or partially loses his capacity for civil conduct, the people's court shall support it according to law. After an adult loses or partially loses his capacity for civil conduct, the people's court will not support the guardian determined in the agreement to request the termination of the agreement without justifiable reasons.

After an adult loses or partially loses his capacity for civil conduct, the guardian determined by the agreement is under one of the circumstances specified in the first paragraph of Article 36 of the General Principles of the Civil Law, and if the relevant individual or organization specified in the second paragraph of this article applies for revocation of his guardianship, the people's court shall support it according to law.

Article 12 Where there is a dispute between a guardian and other persons with guardianship qualifications according to law as to whether the guardian should terminate the guardianship relationship as stipulated in Item 2 and Item 4 of Paragraph 1 of Article 39 of the Civil Law, the people's court shall accept the application for changing the guardian according to law. After trial, if the reason is established, the people's court shall support it.

If the guardian appointed according to law and other persons with guardianship qualifications agree to change the guardian, the people's court shall respect the true wishes of the ward and make a judgment in accordance with the principle of being most beneficial to the ward.

Thirteenth guardians can not fully perform their guardianship duties within a certain period of time due to illness, going out to work and other reasons. And entrust all or part of his guardianship duties to others. If the parties claim that the trustee becomes a guardian, the people's court will not support it.

Four. Missing and death statement

Article 14 The people's court shall determine the following persons as interested parties as stipulated in Article 40 of the Civil Law when hearing a case of declaring missing:

(1) a close relative of the respondent;

(2) Relatives who have the right of inheritance to the respondent according to Articles 1128 and 1129 of the Civil Code;

(3) Creditors, debtors, partners and other civil subjects who have civil rights and obligations with the respondent, except those whose rights and obligations are not affected by not applying for declaring missing.

Article 15 If the property custodian of the missing person requests the debtor of the missing person to repay the debt, the people's court shall list the property custodian as the plaintiff.

If the creditor brings a lawsuit and requests the property custodian of the missing person to pay the debts and other expenses owed by the missing person, the people's court shall list the property custodian as the defendant. If the creditor's rights are established after trial, the people's court shall order the property custodian to pay the debts and other expenses owed by the missing person from his property.

Article 16 When trying a death case, the people's court shall identify the spouse, parents, children and relatives who have the right of inheritance to the respondent according to Article 129 of the Civil Law as interested parties as stipulated in Article 46 of the Civil Law.

Under any of the following circumstances, other close relatives of the respondent and relatives who have the right of inheritance to the respondent according to Article 128 of the General Principles of Civil Law shall be recognized as interested parties as stipulated in Article 46 of the General Principles of Civil Law:

(1) The spouse, parents and children of the respondent are all dead or their whereabouts are unknown;

(2) Failure to apply for a declaration of death cannot protect their corresponding legitimate rights and interests.

The creditors, debtors, partners and other civil subjects of the respondent cannot be recognized as interested parties as stipulated in Article 46 of the Civil Law, except that they cannot protect their corresponding legitimate rights and interests without applying for a declaration of death.

Article 17 If a natural person's whereabouts are unknown during the war, the period during which an interested party applies for a declaration of death shall be counted from the end of the war or the date when the relevant authorities determine that his whereabouts are unknown, in accordance with the provisions of Item 1 of Paragraph 1 of Article 46 of the Civil Law.

Verb (abbreviation of verb) civil juristic act

Article 18 If the parties concerned do not use written or oral form, but the act itself shows that they have made corresponding expression of will, which meets the conditions for the establishment of a civil juristic act, the people's court may recognize it as a civil juristic act implemented in other forms as stipulated in Article 135 of the Civil Code.

Article 19 If the actor has a wrong understanding of the nature of the act, the variety, quality, specification, price and quantity of the other party or the subject matter, and it is generally believed that the actor would not make a corresponding expression of will without such a wrong understanding, the people's court may consider it a major misunderstanding as stipulated in Article 147 of the Civil Law.

If the actor can prove that there is a major misunderstanding in the implementation of the civil juristic act and requests to cancel the civil juristic act, the people's court shall support it according to law; However, unless it is determined according to trading habits that the actor has no right to request cancellation.

Article 20 Where an actor requests the cancellation of a civil juristic act on the grounds that the third party's expression of will is incorrect, the provisions of Article 19 of this Interpretation shall apply.

Article 21. If a person intentionally informs false information, or the person who has the obligation to inform intentionally conceals true information, thus causing the parties to express their intention based on a wrong understanding, the people's court may consider it as a fraudulent act as stipulated in Articles 148 and 149 of the Civil Law.

Article 22 Coercion of natural persons and their close relatives, which damages their personal rights, property rights and other legitimate rights and interests, or damages the reputation, honor and property rights and interests of legal persons or unincorporated organizations, forcing them to express their will based on fear, can be recognized by the people's court as coercion as stipulated in Article 150 of the Civil Law.

Article 23 If a civil juristic act is not established and the parties request the return of property, discount or compensation for losses, the provisions of Article 157 of the Civil Law shall apply mutatis mutandis.

Article 24 If the conditions attached to a civil juristic act cannot occur and the agreement between the parties is valid, the people's court shall deem the civil juristic act invalid; If the parties agree on the conditions for rescission, it shall be determined that there are no conditions attached, and whether the civil juristic act is invalid shall be determined in accordance with the provisions of the Civil Code and relevant laws and administrative regulations.

Agency of intransitive verbs

Article 25. If several entrusted agents exercise their agency rights in the same transaction, and one or more of them exercise their agency rights without consulting other entrusted agents, it shall be handled in accordance with the provisions of Articles 171 and 172 of the Civil Code.

Twenty-sixth due to acute diseases, communication interruption, epidemic prevention and control and other special reasons. The entrusted agent can't handle the agency matters personally and can't get in touch with the principal in time. If the agent is not entrusted to a third party in time, causing losses or expanding losses to the interests of the principal, the people's court shall consider it an emergency as stipulated in Article 169 of the Civil Law.

Article 27 If the act of unauthorized agency is not ratified, and the other party requests the actor to perform the debt or compensate for the losses, and the actor knows or should know that the actor has no right to act as agent, he shall bear the burden of proof. If the actor cannot provide evidence, the people's court shall support the corresponding litigation request of the counterpart according to law; If the actor can prove it, the people's court shall determine the responsibility according to the respective faults of the actor and the relative person.

Article 28 If the following conditions are met at the same time, the people's court may consider that the counterpart as stipulated in Article 172 of the Civil Law has reason to believe that the actor has the right of agency:

(1) the emergence of agency;

(2) The counterpart does not know that the actor has no power of agency and is not at fault.

If there is any dispute about whether it constitutes apparent agency, the other party shall bear the burden of proof on the condition that the unauthorized agency meets the conditions stipulated in the first paragraph of the preceding paragraph; The principal shall bear the burden of proof for the other party's failure to meet the requirements specified in the second paragraph of the preceding paragraph.

Article 29 If the legal agent or principal expresses his intention of ratification to the counterpart in accordance with the provisions of Articles 145 and 171 of the Civil Law, the people's court shall confirm the effective time of his expression of intention of ratification in accordance with the provisions of Article 137 of the Civil Law.

Seven. civil liability

Article 30 In order to protect national interests, social interests, personal rights, property rights and other legitimate rights and interests of oneself or others from ongoing unlawful infringement, the act of stopping unlawful infringement by the infringer shall be deemed as legitimate defense as stipulated in Article 181 of the Civil Law.

Article 31 The people's court shall, in combination with the nature, means, intensity and degree of harm of unlawful infringement, as well as the timing, means, intensity and damage consequences of defense, judge whether justifiable defense exceeds the necessary limit.

If, after trial, the justifiable defense does not exceed the necessary limit, the people's court shall hold the justifiable defender not liable. If the justifiable defense exceeds the necessary limit, the people's court shall determine that the justifiable defender shall bear part of the responsibility within the scope of causing undue damage; If the infringer requests the legitimate defender to bear full responsibility, the people's court will not support it.

The people's court does not support the claim that the infringer can't prove that the defensive behavior caused improper damage, and only claims that the defensive mode and intensity adopted by the legitimate defender are not equal to illegal infringement.

Article 32 Where emergency measures have to be taken to protect the national interests, social interests, personal rights, property rights and other legitimate rights and interests of oneself or others from imminent danger, it shall be deemed as emergency hedging as stipulated in Article 182 of the Civil Code.

Article 33 The people's court shall, according to the nature and urgency of the danger, the rights and interests protected by the hedging behavior and the damage consequences caused, judge whether the emergency hedging measures are improper or exceed the necessary limits.

After trial, if the measures taken for emergency hedging are not improper or exceed the necessary limits, the people's court shall hold the emergency hedging person not liable. If the emergency hedging measures are improper or exceed the necessary limits, the people's court shall determine that the emergency hedging person shall bear corresponding responsibilities within the scope of the improper damage caused by the emergency hedging measures, the reasons for the improper damage caused by the emergency hedging measures, and whether the emergency hedging person is the beneficiary.

Article 34 If the victim requests the beneficiary to give appropriate compensation in accordance with the provisions of Article 183 of the Civil Law, the people's court may determine the amount of compensation to be borne by the beneficiary according to factors such as the losses suffered by the victim, the compensation obtained, the amount of benefit from the beneficiary and his economic situation.

Eight. limitation of action

Article 35 During the three-year limitation of action stipulated in the first paragraph of Article 188 of the Civil Code, the provisions of the Civil Code on suspension and interruption of the limitation of action can be applied, but the provisions on extension are not applicable. The twenty-year period specified in the second paragraph of this article is not limited by the suspension or interruption.

Article 36 Where the rights of a person with no capacity for civil conduct or a person with limited capacity for civil conduct are damaged, the limitation period of action shall be counted from the day when his legal representative knows or should know the damaged rights and obligors, unless otherwise provided by law.

Article 37 If the rights of a person with no capacity for civil conduct or a person with limited capacity for civil conduct are damaged by the original legal representative, and the corresponding civil subject knows or should know that the rights of the original legal representative are damaged after the termination of the original legal representative or the appointment of a new legal representative, the second paragraph of Article 188 of the General Principles of the Civil Law and the provisions of Article 36 of this Interpretation shall be applied to calculate the limitation period of action.

Article 38 After the limitation of action is interrupted according to the provisions of Article 195 of the Civil Law, if the reasons for the interruption stipulated in Article 195 occur again in the new limitation period, it may be considered that the limitation of action is interrupted again.

If the creditor requests the debtor's agent, property custodian or estate administrator to perform, it may be deemed as the interruption of the limitation of action stipulated in Article 195 of the Civil Law.

Nine. supplementary terms

Article 39 This Interpretation shall come into force as of March 6, 2022.

This interpretation is applicable to civil cases caused by legal facts after the implementation of the Civil Code, and has not been finalized after the implementation of this interpretation; This interpretation is not applicable to cases where a final judgment has been made before the implementation of this interpretation, and the parties apply for retrial or decide to retry in accordance with the procedure of trial supervision.