法律适用法司法解释一英文
民法典合同编通则司法解释的英文
民法典合同编通则司法解释的英文全文共10篇示例，供读者参考篇1The judicial interpretation of the General Provisions of the Civil Code is like a secret map that helps us understand the rules in the Civil Code Contract Law. It helps us navigate through the tricky waters of legal language and make sense of what the law says.First of all, let's talk about what a judicial interpretation is. Basically, it's like a guidebook written by judges to explain how the law should be applied in specific situations. Think of it as a cheat sheet that helps us understand what the law really means.Now, when it comes to the General Provisions of the Civil Code, the judicial interpretation gives us more details on how to interpret and apply the rules in the Contract Law. It clarifies concepts like good faith, fairness, and reasonableness, which are important principles in contract law.For example, the judicial interpretation helps us understand what it means to act in good faith when entering into a contract.It tells us that parties should be honest and fair in their dealings, and that they shouldn't try to trick or deceive each other.The interpretation also explains how to determine if a contract is reasonable or not. It tells us that a contract should be fair and balanced for both parties, and that it shouldn't put one party at a disadvantage.In conclusion, the judicial interpretation of the General Provisions of the Civil Code is like a helpful guide that shows us how to navigate the world of contract law. It helps us understand the rules and principles that govern contracts, and it ensures that justice is served in our legal system.篇2Title: My Thoughts on Civil Code Contract Section Judicial InterpretationHey guys, have you heard about the Civil Code Contract Section Judicial Interpretation? It's a really important thing that we should know about. Let me explain it to you in a simple and fun way!First of all, let's talk about what the Civil Code is. The Civil Code is like a set of rules that tells us how we should behave andtreat each other in society. It covers many things, like contracts, property rights, and family relationships.Now, let's focus on the Contract Section of the Civil Code. It talks about how people make agreements with each other, called contracts. Contracts can be about buying or selling things, renting a house, or even getting married!The Judicial Interpretation of the Contract Section is like a guidebook for judges and lawyers to understand how the law applies to different contract situations. It helps them make fair decisions and solve disputes between people.Some important things that the Judicial Interpretation covers are the formation of contracts, the rights and obligations of parties, and how to deal with contract breaches. It's like a cheat sheet that helps everyone understand the rules of the game.In conclusion, the Civil Code Contract Section Judicial Interpretation is like a big rulebook that helps us know how to play by the rules when making agreements with others. It's important for us to follow these rules so that we can live in a fair and just society.Hope you guys learned something new today! Thanks for listening!篇3Once upon a time, there was a magical book called "Civil Code - Contract section General Principles Judicial Interpretation". This book contained lots of rules and guidelines about contracts, which are like promises between people. Let me tell you all about it in English!First things first, this book talks about how contracts are made. It says that people can make contracts by talking to each other, writing things down, or even just by nodding their heads. But there are some important rules to follow, like making sure both parties agree on the terms and not tricking each other.Next, the book talks about different types of contracts. There are contracts for buying things, renting things, borrowing things, and even lending money. Each type of contract has its own rules and requirements, so it's important to pay attention to the details.Now, let's talk about what happens if someone breaks a contract. The book says that if one party doesn't do what they promised in the contract, the other party can ask forcompensation or even take them to court. But it's always best to try to work things out peacefully first.Lastly, the book explains how judges can help interpret and enforce contracts. If there's a dispute about what a contract means, a judge can look at the facts and the law to make a fair decision. It's like having a wise old storyteller to help settle arguments and make sure everyone plays by the rules.And that's the end of our story about the "Civil Code - Contract section General Principles Judicial Interpretation" book. Remember, contracts are like magical spells that bind people together, so always be honest and fair when making promises!篇4The Civil Code Contract Compilation General Provisions Judicial Interpretation was recently released, and it's super important! Let me break it down for you in simple terms, just like how we learn in primary school.First off, what's a contract? Well, it's like a promise between two parties to do something or not do something. It can be written down or just made verbally. It's kind of like when we promise our friends to share our snacks with them.The new judicial interpretation gives us rules on how contracts should be made, performed, and terminated. It also tells us what happens if one party doesn't keep their promise, like if they don't pay back borrowed money.One cool thing in the interpretation is that it says contracts should be fair and reasonable. That means both parties should get something good out of the deal, not just one. It's like when we trade our stickers with our friends - we both get stickers we like!Another important point is that contracts should follow the law. That means they can't go against the rules set by the government. So, if we make a promise to do something illegal, like taking things without permission, that contract won't be valid.In conclusion, the new judicial interpretation helps us understand how contracts work and what we should do if there's a problem. It's like our guidebook for making fair and legal deals with others. So, let's remember to always keep our promises and follow the rules!篇5Title: Let's Talk About the General Provisions of the Civil Code Contract Compilation and Judicial InterpretationHey everyone! Today, we're going to talk about something super important called the General Provisions of the Civil Code Contract Compilation and Judicial Interpretation. It might sound like a big mouthful, but don't worry - I'm here to break it down for you in simple terms.First things first, what is the Civil Code? Well, the Civil Code is a set of laws that govern our everyday lives, like buying things, renting apartments, and even getting a job. The Contract Compilation is a part of the Civil Code that specifically deals with agreements between people, called contracts. These contracts can be about anything, from buying a toy to renting a house.Now, let's talk about the General Provisions. These are like the basic rules that apply to all contracts. For example, one of the rules is that both parties have to agree to the contract freely and voluntarily. This means that nobody can force someone to sign a contract against their will. Another rule is that the contract has to be legal and follow the law. So, if you make a contract to do something illegal, like steal a bike, it won't be valid.But what happens if there's a disagreement about a contract? That's where the Judicial Interpretation comes in. This is when ajudge looks at the contract and decides what it means and how it should be enforced. They might look at things like the language used in the contract, what the parties intended when they made the agreement, and any other relevant facts.So, in a nutshell, the General Provisions of the Civil Code Contract Compilation and Judicial Interpretation are all about making sure that contracts are fair, legal, and enforceable. It's like a guidebook for how we should make agreements with each other. And remember, it's always important to read and understand a contract before you sign it. Stay smart, stay safe, and happy contracting!篇6Oh! Hi everyone! Today, I want to talk about something super cool - the General Provisions of Contracts in the Civil Code of China! It may sound a bit boring, but trust me, it's really important stuff!So, the General Provisions of Contracts are like the rules that we have to follow when we make agreements with other people. They help us understand how contracts work and what we need to do to make sure everything is fair and square.One super cool thing about the General Provisions of Contracts is that they are there to protect us and make sure that everyone sticks to their promises. For example, if we make a deal with someone and they don't keep their end of the bargain, we can use the rules in the General Provisions of Contracts to help us sort things out.Another important thing to remember is that contracts need to be fair and reasonable. That means that we shouldn't agree to anything that is unfair or goes against the law. The General Provisions of Contracts help us understand what is and isn't acceptable when it comes to making agreements.Overall, the General Provisions of Contracts are super important because they help us make sure that everyone is treated fairly and that we can trust the agreements we make with others. So next time you make a deal with someone, remember to keep these rules in mind and make sure everything is clear and fair. Bye for now!篇7Hi guys, today I'm going to talk about the judicial interpretation of the General Provisions of the Civil CodeContract Law. It's a mouthful, but don't worry, I'll break it down for you in simple terms.First of all, what is the Civil Code? It's a set of laws that govern how people interact with each other in society. The Contract Law, which is part of the Civil Code, deals with agreements between two or more parties.Now, the General Provisions of the Civil Code Contract Law, also known as the "General Principles," lay out the basic rules that apply to all contracts. They cover things like the parties involved, their rights and obligations, and how contracts are formed and terminated.But sometimes, there are disputes or questions about how these rules should be applied. That's where judicial interpretation comes in. Judges and courts can issue interpretations to clarify the meaning of the law and how it should be applied in specific cases.For example, let's say you and your friend make a contract to trade your toys. If there's a disagreement about who should get what toy, the court might issue an interpretation to clarify how the contract should be enforced.So, the judicial interpretation of the General Provisions of the Civil Code Contract Law plays a crucial role in ensuring that contracts are fair and enforceable. It helps to resolve disputes and uphold the principles of justice and equality.In conclusion, the General Provisions of the Civil Code Contract Law and its judicial interpretations are important tools for maintaining order and fairness in society. Remember, always read the fine print before signing a contract, and if there's any confusion, don't hesitate to seek legal advice. Thanks for listening, guys!篇8Once upon a time, there was a big book called the Civil Code Contract Compilation. It talked about all the rules and laws for making agreements between people. But sometimes, the rules in the book were a little confusing, so the judges had to make some special explanations to help everyone understand better.In the Contract Compilation, there are many important rules about how people can make agreements with each other. For example, it says that a contract is a promise between two or more people to do something or not do something. It also saysthat a contract can be written or just spoken out loud, as long as both sides agree to it.But what happens if someone breaks their promise in a contract? That's when the judges have to step in and make a decision. They use the rules in the Contract Compilation to help them figure out who is right and who is wrong. They also use their own common sense and fairness to make sure that everyone gets treated fairly.The judges' explanations are like little notes in the margins of the Contract Compilation. They help to explain some of the trickier rules and make things clearer for everyone. So even though the big book of laws can be a little confusing sometimes, the judges are always there to help make sure that everything is fair and just for everyone.And that's how the Contract Compilation and its special explanations help to make sure that people can make agreements with each other in a fair and honest way. It's like a big rulebook that everyone can follow to make sure that everyone is happy and treated right. So, next time you make a promise with someone, just remember to follow the rules in the Contract Compilation, and everything will be just fine!篇9Once upon a time, there was a super cool thing called the Civil Code Contract Compilation and Judicial Interpretation. These big words might sound scary, but don't worry, I'll explain it to you in a super fun and easy way!So, the Civil Code Contract Compilation basically talks about how contracts work in our country. It's like a rulebook for when people make promises to each other. For example, if you promise to give your friend a toy in exchange for some candy, that's like a contract!But sometimes, things don't go as planned and people might break their promises. That's where the Judicial Interpretation comes in. It's like a guidebook for judges to help them decide what to do when someone breaks a contract. They have to make sure that everyone is treated fairly and that the rules are followed.So, to sum it all up, the Civil Code Contract Compilation and Judicial Interpretation are like the superheroes of the legal world. They make sure that everyone plays by the rules and that promises are kept. So remember, always think before you make a promise and make sure to follow the rules!And that's the end of our super cool story about the Civil Code Contract Compilation and Judicial Interpretation. I hope you had fun and learned something new! Keep being awesome, my little legal experts! ♂️ ♂️篇10Once upon a time, there was a new law book called the Civil Code Contract Compilation. It was a super important book that helped explain all the rules about contracts in our country. But sometimes, the rules were a bit tricky to understand, so the judges had to make a special guide called the Judicial Interpretation to help everyone understand better.The Judicial Interpretation was like a cheat sheet that explained the rules in a simpler way. It talked about things like how contracts work, what happens if someone breaks a contract, and how to fix things if there's a problem. The judges worked really hard to make sure it was easy for everyone to understand, even kids like us!One cool thing about the Judicial Interpretation is that it helps make sure everyone plays fair when it comes to contracts. It has rules to protect both the people who make the contractand the people who sign it. That way, everyone knows what to expect and nobody gets tricked or cheated.So next time you have to sign a contract, remember to check out the Civil Code Contract Compilation and the Judicial Interpretation to make sure you know all the rules. And if you ever have a problem with a contract, you can always ask a grown-up for help or talk to a lawyer who knows all about contracts. Just remember, contracts are super important, so make sure you understand them before you sign on the dotted line!。
法律适用法司 法解释
法律适用法司法解释《法律适用法司法解释》在当今复杂多变的社会环境中，法律适用法司法解释扮演着至关重要的角色。
它如同法律体系中的指南针，为司法实践中的法律适用提供了明确的指引和规范。
首先，我们需要明白什么是法律适用法司法解释。
简单来说，它是对法律适用法相关规定的进一步解释和说明。
当法律条文在实际运用中存在模糊不清、理解困难或者存在多种可能解释的情况时，司法解释就应运而生，以消除这些不确定性，确保法律的统一适用。
法律适用法司法解释具有多方面的重要意义。
其一，它有助于实现司法公正。
通过对法律适用规则的明确和细化，能够避免不同地区、不同法官在处理相似案件时出现差异过大的判决结果，从而保障当事人在法律面前能够得到平等、公正的对待。
其二，提高司法效率。
清晰的司法解释能够减少法官在法律理解和适用上的时间和精力消耗，使得案件能够更快地得到处理和解决。
其三，增强法律的可预测性。
当事人和社会公众能够根据司法解释更好地预测自己行为的法律后果，从而规范自身行为，维护社会秩序。
在实际的司法实践中，法律适用法司法解释发挥着具体而重要的作用。
例如，在涉外民事关系的法律适用方面，司法解释明确了如何确定涉外民事关系的定性、如何查明外国法律等关键问题。
这对于处理涉及不同国家和地区的民事纠纷具有重要的指导意义。
又如，在知识产权领域，对于跨境的知识产权侵权案件，司法解释规定了相应的法律适用规则，为保护知识产权提供了有力的法律支持。
然而，法律适用法司法解释的制定并非一帆风顺，也面临着一些挑战和问题。
一方面，司法解释需要在保持法律稳定性和适应性之间寻求平衡。
社会发展迅速，新的情况和问题不断涌现，如果司法解释过于僵化，可能无法适应现实需求；但如果变动过于频繁，又会影响法律的稳定性和权威性。
另一方面，司法解释的制定需要充分考虑不同地区、不同行业的实际情况，确保其具有普遍的适用性和可操作性。
但由于各地发展不平衡，利益诉求存在差异，这在一定程度上增加了司法解释制定的难度。
法律适用法司法解释
法律适用法司法解释在广泛的法律体系中，法律适用法司法解释扮演着重要的角色。
它是一种法学方法，用于解释法律条文和规定的适用方式，并为法官、律师和当事人提供指导。
本文将探讨法律适用法司法解释的定义、作用和影响，以及其在现代法律体系中的重要性。
一、定义法律适用法司法解释是指司法机关对法律条文和规定进行解释、说明和适用的过程。
它旨在解决法律适用方面的争议，确保法律的执行统一和公正。
司法解释通常由最高法院或特定的司法机关发布，并对下级法院具有法律约束力。
二、作用和影响1. 解决法律争议：法律适用法司法解释的主要作用是解决法律适用方面的争议。
当法律条文模糊或存在多种解释时，司法解释可以提供明确的指导，并为法官和律师在法庭上做出正确的判断提供依据。
2. 维护司法公正：司法解释的发布使得法律适用更加公正和统一。
它确保了法官在适用法律时有明确的依据，避免了主观判断和随意解释的可能性，从而保障了当事人的权益和司法制度的公信力。
3. 发展法律学说：司法解释是法律学说发展的重要组成部分。
通过对法律条文和规定的解释和适用，司法机关可以引发法学界的讨论和研究，推动法学理论和方法的进步。
三、现代法律体系中的重要性法律适用法司法解释在现代法律体系中具有重要的地位和功能。
随着法律的发展和社会的变化，法律文本的模糊性和多义性越来越多。
在这种情况下，司法解释成为法律适用的必要手段，以保持法律的权威性和可操作性。
在现代法律体系中，司法解释广泛应用于各个领域，例如刑法、民法、商法和行政法等。
它为法官和律师提供了适用法律的指导，确保了司法的公正和效率。
同时，司法解释也与宪法和国际法的适用息息相关，为国家政治和国际关系的稳定提供了保障。
四、结论法律适用法司法解释作为一种重要的法学方法，在现代法律体系中具有重要的地位和功能。
它通过解决法律争议、维护司法公正和推动法学发展，对法律的适用和法律制度的稳定起到了积极的作用。
因此，在法治社会中，法律适用法司法解释的研究和实践具有重要的意义和价值。
常用法律英语词汇注解1
专心翻译 做到极致常用法律英语词汇注解Bail保释 刑事案中的疑犯或被告，可以暂时被释放。
保释可以是有条件的，也可以是无条件的。
保释的条件包括缴交指定金额的保释金、提供人事担保及定时向警署报到等。
Balance of Probabilities可能性较高者 这是民事案件中举证的标准，法庭对原告和被告所提出的证据，认为那一方的可信性较高，便会判处该方胜诉。
相对刑事案而言，民事案中败诉的后果一般都只是经济利益，所以法庭对举证的要求，相对也较刑事案为低。
Beyond reasonable doubt 无合理疑点 这是刑事案件中举证的标准，控方向法庭提出的证据，必须是在合理的情况下并无疑点，法庭才会判处被告有罪。
刑事罪的后果对被告而言，较为严重，举证标准的要求也因此而较民事案严格，如果法庭认为证据有任何疑点，都会将疑点的利益“benefit of doubt”归于被告。
Binding有约束力的 “binding”通常的解释是连结一起，但法律上则多用作有约束力的，例如：This provisional agreement is a binding contract 。
这份临时协议是有法律约束力的。
Body Corporation法人团体 经法律程序而产生具有与自然人相同法律地位的组织，例如：根据公司条例注册成立的有限公司Limited Company ，可以拥有资产，可以向外借贷，可以提出控诉，也可以被申索。
法人团体没有自然的死亡因素，所以必须经法律程序才可以将它消除。
Burden of Proof 举证责任 无论是刑事或民事案件，提出控诉的一方，都负有举证的责任，即是向法庭提出证据，支持控诉和申索的事由。
虽然在一般的情况下，向法庭举证是主控和原告的责任，但如果被告在刑事案中被法庭判罪之后，再被受害人以民事追讨赔偿，则在有关的民事诉讼中，如果被告否认他对受害人的损失需要负上赔偿的责任，被告便有责任向法庭举证，支持他的抗辩。
法律适用法的英文版(2篇)
第1篇Introduction:The law of legal application is a fundamental aspect of the legal system, encompassing the principles and rules that guide the interpretation and application of laws. It ensures that legal principles are consistently applied, promotes fairness, and upholds the rule of law. This essay aims to explore the key concepts, principles, and challenges associated with the law of legal application, providing a comprehensive understanding of its significance in the legal domain.I. Overview of Legal Application1. Definition of Legal ApplicationLegal application refers to the process of interpreting and applyinglaws to specific cases or situations. It involves the identification of relevant legal provisions, the determination of their applicability, and the assessment of their impact on the outcome of a case.2. Importance of Legal ApplicationThe law of legal application is crucial for several reasons:a. Ensuring consistency in the application of lawsb. Promoting fairness and justicec. Upholding the rule of lawd. Providing legal certainty to individuals and institutionsII. Key Concepts in Legal Application1. Interpretation of LawsInterpretation is the process of ascertaining the meaning of a legal provision. It involves analyzing the language used, the context in which the provision is found, and the purpose of the law. There are different methods of interpretation, including literal, contextual, and purposive interpretation.2. JurisdictionJurisdiction refers to the authority of a court or tribunal to hear and decide a case. It is determined by the nature of the dispute, the legal jurisdiction, and the geographical boundaries of the court.3. PrecedentPrecedent is a principle derived from previous judicial decisions that are binding on lower courts. It helps to ensure consistency in the application of laws and promotes predictability in the legal system.III. Principles of Legal Application1. Rule of LawThe rule of law is a fundamental principle that underpins the law of legal application. It requires that all individuals and institutions are subject to the law, that laws are clear, predictable, and applied consistently, and that justice is administered impartially.2. Equality before the LawEquality before the law is the principle that all individuals are entitled to equal treatment under the law, regardless of their race, gender, religion, or social status.3. ProportionalityProportionality is the principle that the measures taken by the state must be proportionate to the legitimate aim they seek to achieve. It requires that the intrusion on individual rights is no greater than necessary to achieve the desired outcome.IV. Challenges in Legal Application1. Ambiguity in LawsAmbiguity in laws can lead to confusion and inconsistencies in their application. It is essential for courts to interpret ambiguous provisions in a manner that is consistent with the purpose and intent of the law.2. Evolving Legal LandscapeThe legal landscape is constantly evolving due to technological advancements, social changes, and political developments. Adapting laws to address new challenges can be challenging and may require innovative interpretations.3. Subjectivity in InterpretationInterpretation of laws involves subjective judgments, which can lead to different outcomes in similar cases. Ensuring consistency and fairnessin such situations is a significant challenge for the legal system.V. ConclusionThe law of legal application is a complex and multifaceted area that plays a crucial role in ensuring the proper functioning of the legal system. By adhering to the principles of rule of law, equality before the law, and proportionality, and addressing the challenges associated with legal interpretation, courts can effectively apply laws to specific cases, promoting fairness, justice, and legal certainty. It is essential for legal professionals, policymakers, and the public to recognize the importance of the law of legal application and strive to enhance its effectiveness in the pursuit of a just society.第2篇Introduction:The Law of Law Application, also known as the Law of Jurisprudence, is a fundamental concept in legal studies that deals with the principles and methods of applying legal rules to specific cases. This essay aims to provide an overview of the Law of Law Application, discussing its importance, key principles, methods, and challenges faced in its application.I. Importance of the Law of Law Application1. Ensuring Fairness and JusticeThe Law of Law Application plays a crucial role in ensuring fairness and justice in the legal system. By applying legal rules to specific cases, it helps maintain consistency and uniformity in legal decisions, thereby preventing arbitrary judgments and discrimination.2. Promoting Legal CertaintyThe Law of Law Application contributes to the promotion of legal certainty. When legal rules are applied consistently, individuals and organizations can predict the outcomes of their actions, fostering a stable and predictable legal environment.3. Advancing Legal DevelopmentThe Law of Law Application is essential for the advancement of legal development. By analyzing and interpreting legal rules, it facilitates the evolution of the legal system, accommodating new societal needs and challenges.II. Key Principles of the Law of Law Application1. Rule of LawThe Rule of Law is a fundamental principle of the Law of Law Application. It emphasizes that all individuals, including public officials, are subject to the law and that legal rules should be applied equally and impartially.2. Legality PrincipleThe Legality Principle requires that all legal actions and decisions be based on valid legal authority. This principle ensures that legal rules are applied correctly and prevents the arbitrary exercise of power.3. Proportionality PrincipleThe Proportionality Principle stipulates that the severity of the legal consequences should be proportional to the gravity of the offense. This principle prevents excessive punishment and promotes a balanced approach to legal enforcement.III. Methods of the Law of Law Application1. Legal InterpretationLegal Interpretation is a key method of the Law of Law Application. It involves analyzing the language, context, and purpose of legal rules to determine their meaning and applicability to a specific case.2. Legal ReasoningLegal Reasoning is another essential method of the Law of Law Application. It involves the application of logical and analyticalskills to assess the relevance and validity of legal arguments and conclusions.3. Comparative LawComparative Law is a method that involves comparing legal systems and rules from different jurisdictions to gain insights and lessons for the application of law in a specific context.IV. Challenges in the Law of Law Application1. Ambiguity of Legal RulesThe ambiguity of legal rules can pose significant challenges in their application. Ambiguous provisions may lead to inconsistent interpretations and decisions, compromising legal certainty.2. Complexity of Legal IssuesLegal issues can be complex and multifaceted, making it difficult to apply legal rules effectively. This complexity may require specialized knowledge and expertise to navigate and resolve legal disputes.3. Political and Social InfluencesPolitical and social influences can also impact the Law of Law Application. External pressures may lead to biased or politically motivated decisions, undermining the fairness and integrity of the legal system.Conclusion:The Law of Law Application is a crucial aspect of legal studies, encompassing the principles, methods, and challenges of applying legal rules to specific cases. By adhering to key principles and employing effective methods, the Law of Law Application ensures fairness, legal certainty, and the advancement of the legal system. However, addressing the challenges in its application is essential to maintain the integrity and effectiveness of the legal system.。
法律适用法司法解释
《法律适用法》解释（一）为正确审理涉外民事案件，根据《中华人民共和国涉外民事关系法律适用法》的规定，对人民法院适用该法的有关问题解释如下：第一条民事关系具有下列情形之一的，人民法院可以认定为涉外民事关系：（一）当事人一方或双方是外国公民、外国法人或者其他组织、无国籍人；（二）当事人一方或双方的经常居所地在中华人民共和国领域外；（三）标的物在中华人民共和国领域外；（四）产生、变更或者消灭民事关系的法律事实发生在中华人民共和国领域外；（五）可以认定为涉外民事关系的其他情形。
第二条涉外民事关系法律适用法实施以前发生的涉外民事关系，人民法院应当根据该涉外民事关系发生时的有关法律规定确定应当适用的法律；当时法律没有规定的，可以参照涉外民事关系法律适用法的规定确定。
第三条涉外民事关系法律适用法与其他法律对同一涉外民事关系法律适用规定不一致的，适用涉外民事关系法律适用法的规定，但《中华人民共和国票据法》、《中华人民共和国海商法》、《中华人民共和国民用航空法》等商事领域法律的特别规定以及知识产权领域法律的特别规定除外。
涉外民事关系法律适用法对涉外民事关系的法律适用没有规定而其他法律有规定的，适用其他法律的规定。
第四条涉外民事关系的法律适用涉及适用国际条约的，人民法院应当根据《中华人民共和国民法通则》第一百四十二条第二款以及《中华人民共和国票据法》第九十五条第一款、《中华人民共和国海商法》第二百六十八条第一款、《中华人民共和国民用航空法》第一百八十四条第一款等法律规定予以适用，但知识产权领域的国际条约已经转化或者需要转化为国内法律的除外。
第五条涉外民事关系的法律适用涉及适用国际惯例的，人民法院应当根据《中华人民共和国民法通则》第一百四十二条第三款以及《中华人民共和国票据法》第九十五条第二款、《中华人民共和国海商法》第二百六十八条第二款、《中华人民共和国民用航空法》第一百八十四条第二款等法律规定予以适用。
第六条中华人民共和国法律没有明确规定当事人可以选择涉外民事关系适用的法律，当事人选择适用法律的，人民法院应认定该选择无效。
最高人民法院关于适用法律适用法的司法解释一
最高人民法院关于适用《中华人民共和国涉外民事关系法律适用法》若干问题的解释（一）《最高人民法院关于适用〈中华人民共和国涉外民事关系法律适用法〉若干问题的解释（一）》已于2012年12月10日由最高人民法院审判委员会第1563次会议通过，现予公布，自2013年1月7日起施行。
最高人民法院2012年12月28日为正确审理涉外民事案件，根据《中华人民共和国涉外民事关系法律适用法》的规定，对人民法院适用该法的有关问题解释如下：第一条民事关系具有下列情形之一的，人民法院可以认定为涉外民事关系：（一）当事人一方或双方是外国公民、外国法人或者其他组织、无国籍人；（二）当事人一方或双方的经常居所地在中华人民共和国领域外；（三）标的物在中华人民共和国领域外；（四）产生、变更或者消灭民事关系的法律事实发生在中华人民共和国领域外；（五）可以认定为涉外民事关系的其他情形。
第二条涉外民事关系法律适用法实施以前发生的涉外民事关系，人民法院应当根据该涉外民事关系发生时的有关法律规定确定应当适用的法律；当时法律没有规定的，可以参照涉外民事关系法律适用法的规定确定。
第三条涉外民事关系法律适用法与其他法律对同一涉外民事关系法律适用规定不一致的，适用涉外民事关系法律适用法的规定，但《中华人民共和国票据法》、《中华人民共和国海商法》、《中华人民共和国民用航空法》等商事领域法律的特别规定以及知识产权领域法律的特别规定除外。
涉外民事关系法律适用法对涉外民事关系的法律适用没有规定而其他法律有规定的，适用其他法律的规定。
第四条涉外民事关系的法律适用涉及适用国际条约的，人民法院应当根据《中华人民共和国民法通则》第一百四十二条第二款以及《中华人民共和国票据法》第九十五条第一款、《中华人民共和国海商法》第二百六十八条第一款、《中华人民共和国民用航空法》第一百八十四条第一款等法律规定予以适用，但知识产权领域的国际条约已经转化或者需要转化为国内法律的除外。
司法解释与法律适用
司法解释与法律适用在法律实施过程中，司法解释和法律适用起着重要的作用。
司法解释是指由最高人民法院及其下属各级人民法院就法律规定的含义、适用范围进行解释的行为。
而法律适用则是指根据具体案情和法律规定，裁判人员对案件进行适用法律，做出相应判决或裁定。
一、司法解释的作用司法解释对于法律适用具有重要指导意义。
首先，司法解释可以对法律规定的模糊和不明确之处进行解释和填补，从而确保法律的实施更加具体明确。
其次，司法解释可以弥补法律规定的滞后性，通过解释适用法律，及时跟进社会发展和变革的需求。
此外，司法解释还可以统一法律适用标准，确保裁判结果的统一和一致性，增强司法公信力和判决的合法性。
二、司法解释的基本原则司法解释的制定应当遵循一些基本原则，以确保解释的合理性和公正性。
首先，司法解释应当与宪法保持一致，不得与宪法相抵触。
其次，司法解释应当尊重法律的统一性，不得与法律相冲突。
再次，司法解释应当充分考虑社会实际和公共利益，以维护社会稳定和公共秩序为出发点。
最后，司法解释应当遵循与判决结果一致的原则，保持一贯性和连贯性。
三、法律适用的准则法律适用的准则主要有三个方面，即普通法准则、适用法准则和利益平衡原则。
普通法准则是指依据历史判例和惯例进行法律适用，对于类似案件可以借鉴以往的判决结果。
适用法准则是指依据法律文件和相关法规进行法律适用，对于特定案件要依据具体法律条文进行裁定。
利益平衡原则是指在法律适用过程中，要兼顾各方当事人的合法权益，追求公平和公正。
四、司法解释与法律适用的关系司法解释是法律适用的重要依据，两者是互为补充和互为制约关系。
司法解释通过阐明法律的具体规定和解释，为法律适用提供指导和依据。
法律适用则是司法解释在具体案件中的实践运用，是司法解释的落地和实施。
司法解释和法律适用的关系密切，相互促进和相互作用，共同维护了法治社会的正常运行。
结语司法解释和法律适用是法治社会中的重要环节，司法解释对于法律适用起到了指导和规范的作用。
《合同法》司法解释(一)中英文对照
Interpretations The Supreme People’s Court of Certain Issues concerning The Application of The Contract Law of The People’s Republic of China(Part One)最高人民法院公告最高人民法院关于适用《中华人民共和国合同法》若干问题的解释（一）已于１９９９年１２月１日由最高人民法院审判委员会第１０９０次会议通过，现予公布,自１９９９年１２月２９日起施行.December 29, 1999 一九九九年十二月十九日Interpretations The Supreme People's Court of Certain Issues concerning The Application of The Contract Law of The People’s Republic of China(Part One)最高人民法院关于适用《中华人民共和国合同法》若干问题的解释（一）FaShi [1999] No.19 法释（1999）19号”The Supreme People''s Court’’s Interpretations of Certain Issues Concerning the Application of the Contract Law of the People’’s Republic of China（part One)" is adopted at the 1090th Session of the Adjudication Committee of the Supreme People'’s Court on Dec ember 1, and is promulgated now，this law will be effective as of December 29,1999。
(完整word版)最高人民法院关于适用法律适用法的司法解释一.(word文档良心出品)
最高人民法院关于适用《中华人民共和国涉外民事关系法律适用法》若干问题的解释（一）《最高人民法院关于适用〈中华人民共和国涉外民事关系法律适用法〉若干问题的解释（一）》已于2012年12月10日由最高人民法院审判委员会第1563次会议通过，现予公布，自2013年1月7日起施行。
最高人民法院2012年12月28日为正确审理涉外民事案件，根据《中华人民共和国涉外民事关系法律适用法》的规定，对人民法院适用该法的有关问题解释如下：第一条民事关系具有下列情形之一的，人民法院可以认定为涉外民事关系：（一）当事人一方或双方是外国公民、外国法人或者其他组织、无国籍人；（二）当事人一方或双方的经常居所地在中华人民共和国领域外；（三）标的物在中华人民共和国领域外；（四）产生、变更或者消灭民事关系的法律事实发生在中华人民共和国领域外；（五）可以认定为涉外民事关系的其他情形。
第二条涉外民事关系法律适用法实施以前发生的涉外民事关系，人民法院应当根据该涉外民事关系发生时的有关法律规定确定应当适用的法律；当时法律没有规定的，可以参照涉外民事关系法律适用法的规定确定。
第三条涉外民事关系法律适用法与其他法律对同一涉外民事关系法律适用规定不一致的，适用涉外民事关系法律适用法的规定，但《中华人民共和国票据法》、《中华人民共和国海商法》、《中华人民共和国民用航空法》等商事领域法律的特别规定以及知识产权领域法律的特别规定除外。
涉外民事关系法律适用法对涉外民事关系的法律适用没有规定而其他法律有规定的，适用其他法律的规定。
第四条涉外民事关系的法律适用涉及适用国际条约的，人民法院应当根据《中华人民共和国民法通则》第一百四十二条第二款以及《中华人民共和国票据法》第九十五条第一款、《中华人民共和国海商法》第二百六十八条第一款、《中华人民共和国民用航空法》第一百八十四条第一款等法律规定予以适用，但知识产权领域的国际条约已经转化或者需要转化为国内法律的除外。
法律英语第一课翻译。
法律英语第一课翻译引言法律英语是指在法律领域使用的英语专业术语和表达方式。
随着全球化的推进，法律界对于英语专业人士的需求逐渐增加。
本文将介绍法律英语的基本概念和常用词汇，帮助读者理解和翻译法律文件。
法律英语的基本概念法律英语是法律体系中的一项重要内容，包括法律文件的起草、翻译和解释等。
在法律英语中，准确性和专业性是非常重要的原则。
法律文件的翻译需要注意保持原文意思的准确性，并确保译文符合法律的规定。
常见法律英语词汇下面列举了一些常见的法律英语词汇及其翻译：w - 法律2.Legal - 法律的3.Contract - 合同4.Agreement - 协议5.Plaintiff - 原告6.Defendant - 被告7.Judgment - 判决8.Court - 法院9.Evidence - 证据10.Witness - 证人这些词汇是法律文件中经常出现的，熟悉这些词汇对于正确理解和翻译法律文件至关重要。
法律英语的翻译技巧在翻译法律文件时，以下几点技巧可以帮助提高翻译质量：1.精确无误的翻译法律文件非常重要。
一些术语的错误翻译可能导致法律文件的失效，因此需要对法律术语进行深入理解并保持准确性。
2.翻译法律文件时要注重上下文的理解。
有时直译法律术语可能不合适，需要根据文件的整体内容进行适当的调整和解释。
3.参考专业的法律词典和资料是翻译法律文件的重要工具。
法律词典能够提供准确的翻译和解释，确保翻译的准确性。
4.在翻译过程中，要注意语言的简明扼要。
法律文件通常需要清晰、简洁的表达，避免使用过于复杂或晦涩的词汇。
结论法律英语作为一门专业领域，对于法律文件的翻译具有重要意义。
准确、专业的翻译能够保证法律文件的有效性，并为法律实践提供帮助。
本文介绍了法律英语的基本概念、常见词汇和翻译技巧，希望对读者理解和翻译法律文件有所帮助。
参考文献 - Smith, J. (2010). Legal English: How to Understand and Master the Language of Law. Routledge.。
法律常用术语分类中英对照
法律常用术语分类中英对照法律常用术语【（一）、法令】rule 条例law 法律criminal law 刑法interpret 解释（法律）the legislature 立法机构the legal system/ the judicial system/ court system 法律体系【(二)、主体】the judge 法官the lawyer 律师（总称）the jury 陪审团the juror 陪审团成员the prosecutor（刑事案件）原告人；检察官，公诉人；the plaintiff (民事案件) 原告人the injured party/victim被害人witness/eyewitness 见证人，目击者the prosecution 原告及其代理律师；代表原告的律师the accused/defendant 被告人the defense lawyer/counselor 被告辩护律师【（三）、违法】【案件种类】case 案件crime - criminal adj.a criminal case 刑事案件a civil case民事案件【行为/罪名--criminal behavior】guilt n. [Antonym] innocence guilty adj. [Antonym]innocentguilty of a crime/chargeinnocent of a crime/chargecommit a crime violate a criminal lawmurder 谋杀罪 first-degree murder (deliberately)一级谋杀罪；故意杀人罪manslaughter (not intentionally) 一般杀人罪；过失杀人罪forgery 伪造罪 sexual harassment 性骚扰malfeasance 渎职罪criminal: n. 罪犯 a convicted criminal ：one who has been judged guilty in a court of law a hardened criminal ：someone who has committed many crimes stab v. 用刀具行凶，捅，刺 to kill or hurt someone by pushing a knife or other sharp object into their body stab someone to death 刺死flick knife /switch blade/knife 弹簧刀mug v. =rob 抢劫 to attack someone in a public place and steal their money, jewellery, or other possessions 【（四）、程序】【逮捕】arrestpick up ：to arrest someone and take them away in a car 【调查】investigationconduct a criminal investigation intocriminal proceedings ：the process of examining a crime in a court of lawcross-examination 【诉讼】find someone guilty/not guilty ofsomething :officially decide that they are guilty/not guiltyto be charged with/to be accused ofto accuse sb. of certain crimecharge v. to charge sb. with certain crime be charged with (doing) sth e.g. They are the jury forthe trial of a boy charged with murdering his father.prosecute -prosecution n. to prosecute sb. for sth. face prosecution overto bring a prosecution against sb. 对…提起诉讼escape prosecutioncriminal charges ：official statements saying that sb is accused by the police of committing a crime claim v. to say that someone’s actions are the cause of something 【法庭种类】a criminal court刑事法庭,e.g. The scene is a jury room in a criminal court.a civil court 民事法庭children’s court 少年法庭The Supreme Court 最高法院【监督】supervise 监督【作证】to testify v.作证 to make a statement about something you saw, know, or experienced, usually in a court of law testify for/against someone testimony 证词proofdefinite proof provide the proofpresent the proofevidence 证据，证物 to identify 鉴别flimsy adj. not very reliable flimsy evidence accurate adj. correct or true in every detail unshakable adj. 不可动摇的 self-contradiction 自相矛盾alibi n. 不在场的证据 someone who has an alibi can prove that they were somewhere else when a crime was committed and so can claim to be not guilty 【庭审】question v.questi on/suspect sb’s motive【辩护】to defend sb为…辩护to refute 反驳--refutable adj.--refutation n. 【陪审团讨论】the jury 陪审团a grand jury 大陪审团the juror 陪审团成员the jury room 陪审室discuss - discussion 讨论proposal 提议vote 投票abstain v. 弃权vote for/in favor of/againsttake a preliminary vote e.g. I think it’s customary to take a preliminary voteanalyze 分析assume v. 假定ballot n. 无记名投票to argue with 争论agreement 一致意见disagreement 反对意见a reasonable doubtto hang the jury: to make the jury unable to reach a unanimous decisiondeclare a hung juryreach a unanimous decisionbe deemed innocent/guilty 被认为无罪/有罪prove innocent/guilty 被证明无罪/有罪【审判】guilty/ not guilty(innocent)trial/ the jury trial 审判a fair trialset free / acquitted 无罪释放admit v. agree that something is true 承认plead guilty to something : say that you areguilty e.g. He pleaded guilty to all charges. 【（五）、处罚--punishment】【场所】reform school 感化院,jail/ prison n.监狱【方式】jail v. to put someone in jail to be in jailjail someone for somethinggo/ be sent to jailto serve a jail termbe executedthe executionerto pull the switchto send sb. to the chair =send someone to the electric chair /to sentence sb. to be electrocuted 电刑 to sentence sb. to death give the sentence 施刑get out of jail 【其他】have the right to do 有权 on behalf of 代表draft 法案，草案 Government bill 政府议案 to pass a bill, to carry a bill 通过议案 to enact a law, to promulgate a law 颁布法律 ratification, confirmation 批准 law enforcement 法律的实施to come into force 生效 decree 法令 clause 条款minutes 备忘录 report 判例汇编 codification 法律汇编legislation 立法 legislator 立法者 jurist 法学家jurisprudence 法学 legitimation 合法化 legality, lawfulness 法制，合法 legal, lawful 合法的,依法的 to contravene a law, to infringe a law, to break a law 违法 outlaw, outside the law 超出法律范围的 offender 罪犯 to abolish 废止，取消 rescission, annulment 废除，取消 repeal, revocation, annulment 废除(法律)cancellation, annulment, invalidation 废除(合同) cancellation (支票)作废 annulment 撤消(遗嘱) repeal rescission 撤消(判决) revocation 撤消immunity 豁免，豁免权 disability, legal incapacity 无资格 nonretroactive character 不溯既往性 prescription 剥夺公权 attainder 公民权利的剥夺和财产的没收constitutional law 宪法 canon law 教会法规 common law 习惯法 criminal law 刑法 administrative law 行政法civil law 民法 commercial law, mercantile law 商法 law of nations 万国公法，国际法 international law 国际法natural law 自然法 labour laws 劳工法 fiscal law 财政法 Civil Suit Law, Code of civil law 民事诉讼法Military Law 军法 Conscript Law 兵役法Copyright Law 著作权法 penal code 刑法典 code of mercantile law 商法典 civil rights 民事权利，公民权利right of asylum 避难权 human rights, rights of man 人权 (customs) duties 关税 death duty, death tax 遗产税royalties 版税。
法律适用法司法解释
法律适用法》解释（一）为正确审理涉外民事案件，根据《中华人民共和国涉外民事关系法律适用法》的规定，对人民法院适用该法的有关问题解释如下：第一条民事关系具有下列情形之一的，人民法院可以认定为涉外民事关系：（一）当事人一方或双方是外国公民、外国法人或者其他组织、无国籍人；（二）当事人一方或双方的经常居所地在中华人民共和国领域外；（三）标的物在中华人民共和国领域外；（四）产生、变更或者消灭民事关系的法律事实发生在中华人民共和国领域外；（五）可以认定为涉外民事关系的其他情形。
第二条涉外民事关系法律适用法实施以前发生的涉外民事关系，人民法院应当根据该涉外民事关系发生时的有关法律规定确定应当适用的法律；当时法律没有规定的，可以参照涉外民事关系法律适用法的规定确定。
第三条涉外民事关系法律适用法与其他法律对同一涉外民事关系法律适用规定不一致的，适用涉外民事关系法律适用法的规定，但《中华人民共和国票据法》、《中华人民共和国海商法》、《中华人民共和国民用航空法》等商事领域法律的特别规定以及知识产权领域法律的特别规定除外。
涉外民事关系法律适用法对涉外民事关系的法律适用没有规定而其他法律有规定的，适用其他法律的规定。
第四条涉外民事关系的法律适用涉及适用国际条约的，人民法院应当根据《中华人民共和国民法通则》第一百四十二条第二款以及《中华人民共和国票据法》第九十五条第一款、《中华人民共和国海商法》第二百六十八条第一款、《中华人民共和国民用航空法》第一百八十四条第一款等法律规定予以适用，但知识产权领域的国际条约已经转化或者需要转化为国内法律的除外。
第五条涉外民事关系的法律适用涉及适用国际惯例的，人民法院应当根据《中华人民共和国民法通则》第一百四十二条第三款以及《中华人民共和国票据法》第九十五条第二款、《中华人民共和国海商法》第二百六十八条第二款、《中华人民共和国民用航空法》第一百八十四条第二款等法律规定予以适用。
第六条中华人民共和国法律没有明确规定当事人可以选择涉外民事关系适用的法律，当事人选择适用法律的，人民法院应认定该选择无效。
法律适用法司法解释一英文
查看更多：法律英语法释[1999]19号(Promulgated by the Supreme People's Court on 19 December 1999, and effective as of 29 December 1999.)颁布日期：实施日期：颁布单位：最高人民法院Pursuant to the PRC, Contract Law (the Contract Law), the following interpretation on issues relevant to the application of the Contract Law by people's courts are made in order to correctly try contract dispute cases:1. Applicable Scope of the LawArticle 1 If a dispute arising from a contract formed after the implementation of the Contract Law is brought before the people's court, the provisions of the Contract Law shall be applied. If a dispute arising from a contract formed before the implementation of the Contract Law is brought before the people's court, the laws and regulations prevailing at the time shall be applied, unless otherwise stipulated herein. If there were no laws and regulations at the time governing the issue(s) in dispute, the relevant provisions of the Contract Law may be applied.Article 2 The relevant provisions of Part Four of the Contract Law shall be applied to disputes arising from the performance of a contract which was formed before the implementation of the Contract Law but whose time limit for performance stipulated in the contract straddles the implementation date of the Contract Law or whose time limit for performance falls after the implementation of the Contract Law.Article 3 When confirming the validity of a contract formed before the implementation of the Contract Law, the people's court shall apply the Contract Law if the contract would be considered invalid if the law prevailing at the time is applied, but would be considered valid if the Contract Law is applied.Article 4 After the implementation of the Contract Law, people's courts shall base themselves on laws formulated by the National people's Congress and its Standing Committee and/or administrative regulations of the State Council when confirming the invalidity of a contract, and not on local regulations or administrative rules and regulations.Article 5 When retrying a case in which a final ruling was rendered before the implementation of the Contract Law, the people's court shall not apply the Contract Law.2. Statute of Limitations on ActionsArticle 6 The people's court shall not protect the rights of a party to a technology contract dispute, if the fact of the infringement upon the party's rights occurred before the implementation of the Contract Law and more than one year has elapsed between the time the party knew or ought to have known that their rights were infringed and the date of implementation of the Contract Law. If the time elapsed does not exceedone year, the statute of limitations for the institution of an action shall be two years.Article 7 The people's court shall not protect the rights of a party to a technology import or export contract dispute, if the fact of the infringement upon the party's rights occurred before the implementation of the Contract Law and more than two years have elapsed between the time the party knew or ought to have known that their rights were infringed and the date of implementation of the Contract Law. If the time elapsed does not exceed two years, the statute of limitations for the institution of an action shall be four years.Article 8 The period of "one year" stipulated in Article 55 and the period of "five years" stipulated in Article 75 and the second paragraph of Article 104 of the Contract Law are immutable periods of time not governed by the provisions on the tolling, interruption or extension of the statute of limitations.3. Validity of ContractsArticle 9 In accordance with the second paragraph of Article 44 of the Contract Law, if laws or administrative regulations provide that a contract becomes effective only after the approval procedures or the procedures for approval and registration etc. are carried out, the people's court shall determine a contract to have not become effective if the parties concerned have failed to carry out the approval procedures or the procedures for approval, registration, etc. before the conclusion of argumentation in the court of first instance. If laws or administrative regulations provide that procedures for the registration of a contract shall be carried out but do not provide that the contract shall become effective after registration, the failure of the parties to carry out registration procedures shall not affect the validity of the contract, but ownership of and other rights in rem over the subject matter of the contract may not be assigned.Such circumstances as the amendment, assignment or termination of a contract enumerated in the second paragraph of Article 77, Article 87 and the second paragraph of Article 96 of the Contract Law shall be handled on the basis of the provisions of the preceding paragraph.Article 10 The people's court shall not declare a contract invalid because a party exceeded its scope of business in concluding it, unless such party violated State regulations which subject the business so engaged in to restrictions or to the grant of franchises, or the provisions of laws or administrative regulations which prohibit such business.4. Right of SubrogationArticle 11 For an obligee to institute a subrogation action in accordance with Article 73 of the Contract Law, the following conditions shall be met:1. the obligee's claim against the obligor is lawful;2. the obligor's negligence in exercising their own matured claim causes injury to the obligee;3. the obligor's own claim has matured; and4. the obligor's claim is not personal to the obligor.Article 12 The phrase "such claim is personal to the obligor" mentioned in the first paragraph of Article 73 of the Contract Law means that such claim is a claim for payment arising from a maintenance relationship between spouses, a parent's maintenance relationship towards their children, a child's maintenance relationship towards their parents or a succession relationship, or a claim for labour remuneration, retirement pension, old age pension, survivor's pension, relocation expenses, life insurance indemnification, personal injury indemnification, etc.Article 13 The phrase "If the obligor neglects to exercise their own matured claim, thereby causing injury to the obligee" mentioned in Article 73 of the Contract Law refers to the failure of the obligor both to perform their matured obligation toward the obligee and to institute court or arbitral proceedings against their own obligor to assert their own matured claim involving a monetary payment, thereby causing the obligee's matured claim to be incapable of realization.If the secondary obligor . the obligor of the obligor) holds that the obligor was not negligent in exercising their matured claim, the burden of proof is on him.Article 14 If the obligee institutes a subrogation action in accordance with Article 73 of the Contract Law, the competent court shall be the people's court of the place where the defendant is domiciled.Article 15 If the obligee sues the obligor before a people's court and subsequently institutes a subrogation action against the secondary obligor in the same people's court, such second action shall be placed on the docket and accepted if the provisions of Article 13 hereof and the requirements for the institution of actions stipulated in Article 108 of the PRC, Civil Procedure Law are complied with. If the second action does not comply with Article 13 hereof, the obligee shall be informed that they should institute a separate action in the people's court of the place where the secondary obligor is domiciled.The people's court which accepted a subrogation action shall suspend the proceedings in the said action in accordance with Item (e) of Article 136 of the PRC, Civil Procedure Law until the ruling in the action brought by the obligee against the obligor has become legally effective.Article 16 If the obligee institutes a subrogation action in a people's court with the secondary obligor as defendant, but does not namethe obligor as a third party, the people's court may join the obligor as a third party.If two or more obligees institute subrogation actions against the same secondary obligor, the people's court may consolidate the actions into one trial.Article 17 If the obligee petitions a people's court to issue an order for preservation against the secondary obligor's property during a subrogation action, they shall provide appropriate security in the form of property.Article 18 During a subrogation action, the secondary obligor may raise against the obligee the defences available to them against the obligor.If the obligor raises an objection to the claim of the obligee during a subrogation action, and the objection is sustained after investigation, the people's court shall rule to dismiss the obligee's action.Article 19 If the obligee in a subrogation action prevails, the court costs shall be borne by the secondary obligor and be paid on a priority basis from the realized claim.Article 20 If, having tried a subrogation action brought against the secondary obligor by the obligee, the people's court determines that the obligee does have a right of subrogation, the secondary obligor shall perform the obligation of payment towards the obligee, and the corresponding claim-debt relationships between the obligee and the obligor and between the obligor and the secondary obligor shall be extinguished as at that time.Article 21 If in a subrogation action the amount of the obligee's subrogated claim exceeds the amount of the debt owed by the obligor or the amount of the debt owed by the secondary obligor to the obligor, the people's court shall not support the part in excess.Article 22 If in a subrogation action the obligor institutes an action against the secondary obligor for the part of the claim in excess of the amount of the obligee's subrogated claim, the people's court shall inform the obligor that they should institute a separate action in the competent people's court.If the action instituted by the obligor complies with the legal requirements, the people's court shall accept it. The people's court accepting the obligor's suit shall suspend the proceedings in the action in accordance with the law until the ruling in the subrogation action has become legally effective.5. Right of AnnulmentArticle 23 If the obligee institutes an annulment action in accordance with Article 74 of the Contract Law, the competent court shall be the people's court of the place where the defendant is domiciled.Article 24 If the obligee institutes an annulment action in accordance with Article 74 of the Contract Law and only names the obligor as defendant, without naming the beneficiary or the assignee as a third party, the people's court may join the beneficiary or the assignee as a third party.Article 25 If the obligee institutes an annulment action in accordance with Article 74 of the Contract Law and petitions the people's court to annul the obligor's act of waiving their claim or assigning their property, the people's court shall conduct a trial in respect of the part for which the obligee asserts their right of annulment. If the act is annulled in accordance with the law, it shall be void ab initio.If two or more obligees institute an annulment action against the same obligor in respect of the same subject matter, the people's court may consolidate the actions into one trial.Article 26 Such necessary expenses as attorney fees,travel expenses, etc. incurred by the obligee in exercising their right of annulment shall be borne by the obligor. If a third party is at fault, they shall bear an appropriate share of such expenses.6. The Third Party in a Contract AssignmentArticle 27 If the obligee assigns their contractual rights to a third party and a subsequent dispute between the obligor and the assignee concerning performance of the contract is brought before the people's court, and the obligor raises a defence against the rights of the obligee, the obligee may be named a third party to the action.Article 28 If the obligor assigns their contractual obligations with the consent of the obligee and a subsequent dispute between the assignee and the obligee concerning performance of the contract is brought before the people's court, and the assignee raises a defense in respect of the rights of the obligor against the obligee, the obligor may be named as a third party to the action.Article 29 If a party to a contract assigns all their rights and obligations under the contract to an assignee with the consent of the other party and a dispute between the other party and the assignee concerning performance of the contract is brought before the people's court, and theother party raises a defence in respect of the rights and obligations under the contract, the assignor may be named as a third party to the action.7. Concurrent Right To PetitionArticle 30 When instituting an action in the people's court in accordance with Article 122 of the Contract Law, if the obligee modifies their claim after electing the type of liability and before the first hearing, the people's court shall give its permission. If the other party raises an objection concerning jurisdiction and their objection is sustained after investigation, the people's court shall dismiss the action。
合同法解释(一)-中英文
最高人民法院关于适用《中华人民共和国合同法》若干问题的解释（一）The Supreme People’s Court’s Interpretations of Certain Issues Concerning the Application of The Contract Law of the People’s Republic of China(I)I. Scope of Application of the LawII. Time Limit for ActionIII. Validity of ContractsIV. SubrogationV. Cancellation RightVI. Cancellation RightVII. Interested Third Person in Case of Assignment of ContractsVIII. Merger of ClaimsThe Supreme People’s Court’s Interpretations of Certain Issues Concerning the Application of The Contract Law of the People’s Republic of China(Part One)Translated by John Jiang & Henry LiuThe Supreme People’s Court’s Interpretations of Certain Issues Concerning the Application of The Contract Law of the People’s Republic of China[Judicial Interpretations (1999) No. 19]Adopted at the 1090th Session of the Adjudication Committee of the Supreme People’s Court on December 1, 1999The Supreme People’s Court’s Interpretations of Certain Issues Concerning the Application of The Contract Law of the People’s Republic of China (Part One), which shall become operative as from December 29, 1999, were adopted at the 1090th Session of the Adjudication Committee of the Supreme People’s Court on December 1, 1999 and are hereby promulgated.Pursuant to The Contract Law of the People’s Republic of China (hereinafter the “Contract Law”), and with a view to facilitating the proper adjudication of contractual disputes, we hereby promulgate the following interpretations of certain issues concerning the application of the Contract Law by People’s Courts:I. Scope of Application of the LawClause 1 Where a suit is brought to a People’s Court in respect of a dispute arising out of a contract formed after the operative date of the Contract Law, the provisions of the Contract Law shall apply; where a suit is brought to a People’s Court in respect of a dispute concerning a contract formed before the operative date of the Contract Law, except otherwise provided herein, the provisions of the law in effect at the time shall apply, provided that if the law in effect at the time did not provide for such matter, the relevant provision of the Contract Law may apply.Clause 2 Where a contract was formed before the operative date of the Contract Law, but the prescribed time limit for performance extends beyond, or commences after, the operative date ofthe Contract Law, if a dispute arises out of its performance, the relevant provisions of Chapter Four of the Contract Law shall apply.Clause 3 In determining the validity of a contract formed before the operative date of the Contract Law, if application of the law in effect at the time leads to its invalidation, but application of the Contract Law leads to affirmation of its validity, the People’s Court shall apply the Contract Law.Clause 4 After the Contract Law became operative, a People’s Court may only invalidate a contract in accordance with laws adopted by the National People’s Congress or its Standing Committee, or administrative regulations adopted by the State Council, and may not invalidate a contract in accordance with any local statutes or administrative rules.Clause 5 Where a People’s Court re-adjudicates a case on which a final judgment has been rendered, the Contract Law does not apply.II. Time Limit for ActionClause 6 In a dispute arising out of a technology contract, where infringement of the right of a party occurred before the operative date of the Contract Law, if there was a lapse of more than one year between the date on which the party knew or should have known that its right was infringed and the operative date of the Contract Law, the People’s Court will no longer enforce such right; where the lapse was less than one year, the time limit during which the party may bring a suit shall be two years.Clause 7 In a dispute arising out of a technology import/export contract, where infringement of the right of a party occurred before the operative date of the Contract Law, if there was a lapse of more than two years between the date on which the party knew or should have known that its right was infringed and the operative date of the Contract Law, the People’s Court will no longer enforce such right; where the lapse was less than two years, the time limit during which the party may bring a suit shall be four years.Clause 8 The time period of “one year”set out in Article 55, and the time period of “five years”set out in Article 75 and Paragraph 2 of Article 104 of the Contract Law are fixed, and are not subject to the rules governing the suspension, termination or extension of time limit for action.III. Validity of ContractsClause 9 Where as set forth in Paragraph 2 of Article 44 of the Contract Law, the relevant law or administration regulation provides that the effectiveness of a certain contract is subject to completion of the relevant approval procedure, or the relevant approval and registration procedures, if before completion of court debate by the parties in the trial of first instance, the parties still fail to carry out the relevant approval procedure, or approval and registration procedures, as the case may be, the People’s Court shall rule that the contract has not yet taken effect; if the relevant law or administration regulation requires that a certain contract be registeredwithout subjecting its effectiveness to such registration, then failure to effect registration shall not impair the effectiveness of the contract, provided that such failure constitutes an impediment to the conveyance of title to, or such other real right in, the subject matter of the contract.In the case of amendment, assignment or termination of a contract as set forth in Paragraph 2 of Article 77, Article 87, and Paragraph 2 of Article 96 of the Contract Law, the provisions of the previous Paragraph apply.Clause 10 Where the parties entered into a contract the subject matter of which was outside their scope of business, the People’s Court shall not invalidate the contract on such ground, except where conclusion of the contract was in violation of state restriction concerning, or licensing requirement for, a particular business sector, or in violation of any law or administrative regulation prohibiting the parties from participation in a particular business sector.IV. SubrogationClause 11 Where an obligee is to bring a suit of subrogation pursuant to Article 73 of the Contract Law, the following conditions shall be met:(1) The obligee’s creditor’s right against the obligor is lawful;(2) The obligor’s delay in exercising the creditor’s right due to it has caused harm to the obligee;(3) The creditor’s right of the obligor is due;(4) The creditor’s right of the obligor is not exclusively personal to it.Clause 12 As referred to in Paragraph 1 of Article 73, a creditor’s right exclusively personal to the obligor means a claim for alimony, child support, parental support or succession, or, a claim for wage, retirement pension, old age pension, death benefits, relocation allowance or life insurance, or, a personal injury claim.Clause 13 The clause “Where the obligor delayed in exercising its creditor’s right against a third person that was due, thereby harming the obligee”in Article 73 of the Contract Law refers to the following circumstance: The obligor fails to render performance which is due to the obligee, and further, it has failed to enforce a creditor’s right which is due to it and which involves the payment of money against an obligor either through a suit in court or through arbitration, thereby frustrating the obligee’s realization of the creditor’s right due to it.Where the secondary obligor (i.e. the obligor of the original obligor) denies that the obligor has delayed in exercising its creditor’s right due to it, the secondary obligor bears the burden of proof.Clause 14 Where an obligee brings a suit of subrogation pursuant to Article 73 of the Contract Law, jurisdiction shall vest in the People’s Court in the place where the defendant is domiciled.Clause 15 Where after bringing a suit against an obligor to a People’s Court, an obligee brings a suit of subrogation against a secondary obligor to the same court, if such suit complies with the provisions of Article 13 hereof as well as the conditions for bringing a suit set forth in Article 108 of the Civil Procedural Law of the People’s Republic of China, the court shall accept such suit; where such suit does not comply with Article 13 hereof, the court shall direct the obligee to bringa separate suit to the People’s Court in the place where the secondary obligor is domiciled. Before judgment on the suit brought by the obligee against the obligor takes legal effect, the People’s Court adjudicating the suit of subrogation against the secondary obligor shall stay such suit in accordance with Item (5) of Article 136 of the Civil Procedural Law of the People’s Republic of China.Clause 16 Where in a suit of subrogation brought to a People’s Court, an obligee names only the secondary obligor as the defendant without also naming the original obligor as an interested third person, the People’s Court may add the original obligor as an interested third person.Where in suits of subrogation brought separately by two or more obligees, the same secondary obligor is named as the defendant, the People’s Court may combine the suits for adjudication.Clause 17 In a suit of subrogation, if the obligee petitions the People’s Court for preservative measure against the assets of the secondary obligor, it shall provide appropriate financial assurance.Clause 18 In a suit of subrogation, the secondary obligor may, in respect of the obligee, avail itself of any defense it has against the original obligor.In a suit of subrogation, where the obligor raises a defense against the obligee’s claim, if the People’s Court affirms the defense, it shall dismiss the suit brought by the obligee.Clause 19 In a suit of subrogation, if the obligee prevails, the court fee shall be borne by the secondary obligor, and shall be paid in priority out of the proceeds from the enforced creditor’s right.Clause 20 Where an obligee brings a suit of subrogation against a secondary obligor, and the People’s Court affirms the subrogation, the secondary obligor shall perform the payment obligation, whereupon the respective obligee-obligor relationships between the obligee and the obligor, and between the obligor and the secondary obligor, are discharged accordingly.Clause 21 In a suit of subrogation, where the amount in subrogation claimed by the obligee exceeds the amount owed by the obligor or the amount owed to the obligor by the secondary obligor, the People’s Court shall not enforce the claim to the extent the claimed amount exceeds the actual amount.Clause 22 In a suit of subrogation, if the obligor also brings a claim against the secondary obligor for the difference between the amount owed to it and the amount in subrogation claimed by the obligee, the People’s Court shall direct the obligor to bring a separate suit to the People’s Court with the proper jurisdiction.Where such suit brought separately by the obligor meets the legally prescribed conditions, the People’s Court shall accept such suit; the People’s Court accepting the suit brought by the obligor shall stay such suit in accordance with the law pending the legal effectiveness of the judgment on the suit of subrogation.V. Cancellation RightClause 23 Where an obligee brings a suit to enforce its cancellation right pursuant to Article 74 of the Contract Law, jurisdiction shall vest in the People’s Court in the place where the defendant is domiciled.Clause 24 If in a suit to enforce its cancellation right pursuant to Article 74 of the Contract Law, the obligee only names the obligor as the defendant without also naming the beneficiary or the assignee as an interested third person, the People’s Court may add such beneficiary or assignee as an interested third person.Clause 25 Where an obligee brings a suit to enforce its cancellation right pursuant to Article 74 of the Contract Law and petitions the People’s Court for cancellation of the obligor’s act of waiving its creditor’s right or transferring its property, the People’s Court shall adjudicate the case to the extent of the amount claimed by the obligee, and if the obligor’s act is canceled in accordance with the law, such act is invalid ab initio.Where suits on the same subject matter are filed separately by two or more obligees to enforce their respective cancellation rights, and the same obligor is named as the defendant, the People’s Court may combine the suits for adjudication.Clause 26 The necessary expenses incurred by the obligee in enforcing its cancellation right, such as attorney’s fee and travel expenses, shall be borne by the obligor; where the interested third person was also at fault, it shall share such expenses as appropriate.VI. Interested Third Person in Case of Assignment of ContractsClause 27 If subsequent to the obligee’s assignment of its contractual right, a suit is brought to a People’s Court in respect of a dispute between the obligor and the assignee which arose from the performance of the contract, and the obligor raises a defense against the contractual right of the obligee, it may name the obligee as an interested third person.Clause 28 If with the consent of the obligee, the obligor has delegated its contractual obligation, and subsequently a suit is brought to a People’s Court in respect of a dispute between the obligee and the delegatee which arose from the performance of the contract, and the delegatee, in defense against the obligee, avails itself of the obligor’s right against the obligee, it may name the obligor as an interested third person.Clause 29 If with the consent of the other party, a party concurrently assigned its contractual rights and delegated its contractual obligations to an assignee, and subsequently a suit is brought to a People’s Court in respect of a dispute between the other party and the assignee which arose from the performance of the contract, and the other party raises a defense in respect of the rights and obligations under the contract, it may name the obligor as an interested third person.VII. Merger of ClaimsClause 30 Where at the time the obligee brought a suit to a People’s Court, it made an election of claim in accordance with Article 122 of the Contract Law, and subsequently it changes its election, if the change is made before the commencement of hearing in the trial of first instance, the People’s Court shall allow such change. In the event the other party objects to the jurisdiction of the court and such objection is sustained, the People’s Court shall dismiss such suit.（一九九九年十二月一日最高人民法院审判委员会第一千零九十次会议通过）已于1999年12月1日由最高人民法院审判委员会第1090次会议通过，现予公布，自1999年12月29日起施行。
法律词汇讲解
accord释义：accord在普通英语中的含义是符合，一致，在法律英语中则表示和解或和解协议，指指债务人和一个债权人达成的、以偿还部分债务免除全部债务责任的协议。
如reach an accord达成和解协议，accord and satisfaction和解与清偿等。
acquire释义：acquire在普通英语中的含义是获得，获取，而且通常指通过后天的努力获得。
在法律英语中通常指对公司的购买，收购，我们通常所说的M&A，即是acquire的名词acquisition和merger的缩写。
如The foreign investor has acquired more than 10 PRC domestic enterprises engaging in related industries within a year. 外国投资者一年内并购中国境内关联行业的企业超过10个。
act释义：act在普通英语中的含义是行动，行为，在法律英语中通常理解为作为，与不作为forbear相对应。
如：Notwithstanding anything contained in this Act, the Minister may,on the recommendation of the Commission, direct the Commission to act or forbear from action释义：act在普通英语中的含义是行动，在法律英语中则理解为诉讼，相当于suit或lawsuit，如initiate an action提起诉讼，win an action在诉讼中获胜，defend oneself in an action在诉讼中为自己辩护等。
adopt释义：adopt的最常见含义是采用，通过，如adopt a law通过一项法律，adopt a proposal采纳一个建议等，这种用法在法律英语中也较为常见。
法律适用法司法解释二
法律适用法司法解释二一、引言法律适用法司法解释是指最高人民法院根据法律的规定，就司法实践中法律适用的一些具体问题进行解释和解答的一种规范性文件。
本司法解释旨在明确有关法律适用的原则和规则，以便更好地指导法官在审理案件时正确运用法律，保障公平正义。
本文档将对《法律适用法司法解释二》进行详细解读。
二、重要性与背景法律适用法司法解释的发布对于确保法律适用的一致性和公正性具有重要意义。
在共和国法律体系中，条文的文字表述有时会存在歧义或模糊之处，如果法律在不同的法院中有不同的解释，将导致法官的裁判不一致，影响法律的效力和权威。
为了应对这种情况，最高人民法院设立了专门的法律适用法解释机构，负责对法律适用的一些特定问题进行解释和解答，以便为法官提供统一的法律适用指引。
三、主要内容《法律适用法司法解释二》共包括X个问题的解释，下面将对其中的关键内容进行介绍：3.1 问题一：xxxx问题一主要涉及xxxx。
根据本司法解释的规定，当xxxx时，应当xxxx。
该解释依据xxxx，为法官在类似情况下提供了明确的法律依据。
3.2 问题二：xxxx问题二主要涉及xxxx。
根据本司法解释的规定，当xxxx时，应当xxxx。
该解释依据xxxx，为法官在类似情况下提供了明确的法律依据。
3.3 问题三：xxxx问题三主要涉及xxxx。
根据本司法解释的规定，当xxxx时，应当xxxx。
该解释依据xxxx，为法官在类似情况下提供了明确的法律依据。
四、适用范围《法律适用法司法解释二》适用于全国法院审理涉及xxxx案件时的法律适用。
各级法院在审理相关案件时，应当依照该司法解释的规定进行判决。
五、总结本文对《法律适用法司法解释二》进行了解读，该司法解释为法院在审理案件时提供了明确的法律适用指引，有助于确保法律适用的公正性和统一性。
法律适用法司法解释的发布，是最高人民法院为保证法官在审理案件时能够正确理解和适用法律而采取的重要措施。
通过这种方式，法律可以更好地发挥其规范作用，保障公民的合法权益，维护社会的公平正义。
法律适用法英文版(2篇)
第1篇I. IntroductionThe law of application of laws, also known as conflict of laws, is a branch of legal theory that deals with the determination of which jurisdiction's law should be applied when legal disputes involvemultiple jurisdictions. This area of law is crucial in ensuring that legal conflicts are resolved fairly and efficiently. The purpose of this article is to provide an overview of the principles and methodologies used in the law of application of laws, focusing on the English legal system.II. Principles of Conflict of Laws1. JurisdictionJurisdiction is the authority granted to a court to make a decision in a legal dispute. The principle of jurisdiction is fundamental in the law of application of laws. There are three types of jurisdiction:a. Personal Jurisdiction: A court has personal jurisdiction over a party if it can assert authority over that party based on the party's presence or activities within the court's territorial jurisdiction.b. Subject Matter Jurisdiction: A court has subject matterjurisdiction if it has the authority to decide the type of legal dispute in question.c. General Jurisdiction: A court has general jurisdiction if it has the authority to hear any legal dispute, regardless of the nature of the dispute or the parties involved.2. Choice of LawOnce jurisdiction is established, the next step is to determine which jurisdiction's law should apply. The choice of law process involves several principles:a. Conflicts Rules: These rules dictate which law should apply in a given case. They can be based on factors such as the parties' intention, the place of the transaction, or the most significant relationship.b. Public Policy: The law of the forum may be applied if it is contrary to the public policy of the forum state.c. International Treaties and Regulations: International agreements and regulations may also influence the choice of law.3. The English Approach to Conflict of LawsThe English legal system follows a flexible approach to conflict of laws, allowing courts to consider a variety of factors when determining the applicable law. Some key principles of the English approach include:a. Autonomy: Parties are generally free to choose the law that will govern their contract or transaction.b. Substantive Law: The law of the forum state is often applied tonon-contractual obligations, such as torts and unjust enrichment.c. Procedural Law: The law of the forum state is generally applied to procedural matters, such as jurisdiction and evidence.III. Methods of Conflict of Laws1. Mandatory RulesMandatory rules are rules that cannot be overridden by the parties' agreement. These rules are often based on public policy considerations and are intended to protect certain interests. When a mandatory rule is involved, the law of the forum state will generally apply.2. Flexibility and PredictabilityCourts strive to ensure that the law of application of laws provides flexibility and predictability. This is achieved through the following methods:a. Hypothetical Choice of Law: The court considers the hypothetical scenario in which the parties had chosen the applicable law.b. Most Significant Relationship Test: The court identifies the state or country with the most significant relationship to the dispute.c. Efficient Jurisdictional Competition: The court aims to prevent forum shopping and ensure that the dispute is resolved in the most efficient jurisdiction.IV. ConclusionThe law of application of laws is a complex and dynamic field that requires careful consideration of jurisdiction, choice of law, and various methods of conflict resolution. The English legal system provides a flexible approach to conflict of laws, allowing courts to consider a wide range of factors when determining the applicable law. By adhering to the principles of autonomy, flexibility, and predictability, the law of application of laws ensures that legal disputes involving multiple jurisdictions are resolved fairly and efficiently.In conclusion, the law of application of laws plays a crucial role in ensuring that legal conflicts are resolved in a manner that is fair, efficient, and consistent with the principles of justice. As globalization continues to increase the number of cross-border legal disputes, the importance of a well-developed and flexible law of application of laws will only grow.第2篇I. IntroductionThe Law of Legal Application is a fundamental principle in the field of jurisprudence, which governs the process by which legal norms are applied to specific cases. This principle ensures that the law is applied fairly, consistently, and effectively. The following article aims to provide an overview of the Law of Legal Application, including its fundamental principles, methodologies, and challenges.II. Fundamental Principles of the Law of Legal ApplicationA. The Rule of LawThe Rule of Law is the cornerstone of the Law of Legal Application. It asserts that all individuals, including government officials, aresubject to the law and that the law should be applied equally and impartially. This principle ensures that legal norms are respected and that the legal system functions effectively.B. Legal PositivismLegal Positivism is a theory that emphasizes the importance of legal norms and their written form. According to this principle, legal norms are derived from legislative, executive, and judicial sources, and they should be applied strictly according to their content.C. PrecedentPrecedent is a principle that holds that decisions made in previouscases should guide the resolution of similar cases. This principle promotes consistency and predictability in the legal system, as itallows for the application of legal norms to new situations based on established precedents.D. Legal InterpretationLegal Interpretation is the process of ascertaining the meaning andintent of legal norms. It involves the examination of legislative history, case law, and legal principles to determine the proper application of the law to a specific case.III. Methodologies of the Law of Legal ApplicationA. Legal ReasoningLegal Reasoning is the process of applying legal norms to specific cases. It involves identifying the relevant legal norms, analyzing the facts of the case, and determining the outcome based on the application of legal principles.B. Legal ArgumentationLegal Argumentation is the art of presenting a persuasive case in favor of a particular legal outcome. It involves the use of evidence, legalprinciples, and reasoning to support the position taken by the legal practitioner.C. Legal ResearchLegal Research is the process of gathering and analyzing legal materials to support a legal argument. It includes the examination of statutes, case law, legal treatises, and other relevant sources to establish the legal basis for a particular position.IV. Challenges in the Law of Legal ApplicationA. Ambiguity of Legal NormsAmbiguity in legal norms can lead to inconsistent and unfair outcomes. Legal practitioners must navigate the complexities of legal language and interpretive techniques to ensure that legal norms are applied correctly.B. Changes in Legal NormsThe evolution of legal norms over time can create challenges in the Law of Legal Application. Legal practitioners must stay abreast oflegislative and judicial developments to ensure that theirinterpretations of the law are current and accurate.C. Cultural and Social FactorsCultural and social factors can influence the application of legal norms. Legal practitioners must consider the context in which a case arises and how cultural and social values may impact the outcome of the case.V. ConclusionThe Law of Legal Application is a complex and dynamic field that plays a crucial role in ensuring the fairness and effectiveness of the legal system. By adhering to fundamental principles such as the Rule of Law, Legal Positivism, Precedent, and Legal Interpretation, and employing methodologies such as Legal Reasoning, Legal Argumentation, and Legal Research, legal practitioners can navigate the challenges inherent in applying legal norms to specific cases. As the legal landscape continuesto evolve, it is essential for legal practitioners to remain vigilant and adaptable in their approach to the Law of Legal Application.Note: This article is a simplified overview of the Law of Legal Application and does not cover all aspects of the subject. It is intended for educational purposes and should not be considered a substitute for professional legal advice.。
法律适用法司法解释一英文
最高人民法院关于适用《中华人民共和国合同法》若干问题的解释(一)Supreme Peoples Court, Several Issues Concerning Applicati on of the 《PRC, Con tract Law》In terpretation (1)查看更多：法律英语法释[1999]19号(Promulgated by the Supreme People's Court on 19 December 1999, and effective as of 29 December 1999.)颁布日期：19991219 实施日期：19991229 颁布单位：最高人民法院Pursua nt to the PRC, Con tract Law (the Con tract Law), the followi ng in terpretati on on issues releva nt to the applicati on of the Con tract Law by people's courts are made in order to correctly try con tract dispute cases:1. Applicable Scope of the LawArticle 1 If a dispute aris ing from a con tract formed after the impleme ntati on of the Con tract Law is brought before the people's court, the provisi ons of the Con tract Law shall be applied. If a dispute aris ing from a con tract formed before the impleme ntati on of the Con tract Law is brought before the people's court, the laws and regulati ons prevaili ng at the time shall be applied, uni ess otherwise stipulated here in. If there were no laws and regulations at the time governing the issue(s) in dispute, the releva nt provisi ons of the Con tract Law may be applied.Article 2 The releva nt provisi ons of Part Four of the Con tract Law shall be applied to disputes aris ing from the performa nee of a con tract which was formed before the impleme ntatio n of the Con tract Law but whose time limit for performa nee stipulated in the con tract straddles the impleme ntati on date of the Con tract Law or whose time limit for performa nee falls after the impleme ntatio n of the Con tract Law.Article 3 When con firm ing the validity of a con tract formed before the impleme ntati on of the Con tract Law, the people's court shall apply the Con tract Law if the con tract would be con sidered inv alid if the law prevaili ng at the time is applied, but would be con sidered valid if the Con tract Law is applied.Article 4 After the impleme ntati on of the Con tract Law, people's courts shall base themselves on laws formulated by the Nati onal people's Con gress and its Sta nding Committee an d/or admi nistrative regulati ons of the State Council whe n confirming the inv alidity of a con tract, and not on local regulati ons or admi nistrative rules and regulati ons.Article 5 When retryi ng a case in which a final ruli ng was ren dered before the impleme ntati on of the Con tract Law, the people's court shall not apply the Con tract Law.2. Statute of Limitati ons on Acti onsArticle 6 The people's court shall not protect the rights of a party to a tech no logy con tract dispute, if the fact of the infrin geme nt upon the party's rights occurred before the impleme ntati on of the Con tract Law and more tha n one year has elapsed betwee n the time the party knew or ought to have known that their rights were infrin ged and the date of impleme ntati on of the Con tract Law. If the time elapseddoes not exceed one year, the statute of limitations for the institution of an action shall be two years.Article 7 The people's court shall not protect the rights of a party to a tech no logy import or export con tract dispute, if the fact of the infrin geme nt upon the party's rights occurred before the impleme ntati on of the Con tract Law and more tha n two years have elapsed betwee n the time the party knew or ought to have known that their rights were infrin ged and the date of impleme ntati on of the Con tract Law. If the time elapsed does not exceed two years, the statute of limitations for the institution of an action shall be four years.Article 8 The period of "one year" stipulated in Article 55 and the period of "five years" stipulated in Article 75 and the second paragraph of Article 104 of the Con tract Law are immutable periods of time not governed by the provisi ons on the tolling, interruption or extension of the statute of limitations.3. Validity of Con tractsArticle 9 In accorda nee with the sec ond paragraph of Article 44 of the Con tract Law, if laws or admi nistrative regulati ons provide that a con tract becomes effective only after the approval procedures or the procedure s for approval and registration etc. are carried out, the people's court shall determine a con tract to have not become effective if the parties concerned have failed to carry out the approval procedures or the procedures for approval, registrati on, etc. before the conclusion of argumentation in the court of first instanee. If laws or administrative regulati ons provide that procedures for the registrati on of a con tract shall be carried out but do not provide that the con tract shall become effective after registrati on, the failure of the parties to carry out registration procedures shall not affect the validity of the con tract, but own ership of and other rights in rem over the subject matter of the con tract may not be assig ned.Such circumsta nces as the ame ndme nt, assig nment or term in ati on of a con tract enu merated in the sec ond paragraph of Article 77, Article 87 and the sec ond paragraph of Article 96 of the Con tract Law shall be han dled on the basis of the provisi ons of the preced ing paragraph.Article 10 The people's court shall not declare a con tract inv alid because a party exceeded its scope of bus in ess in con clud ing it, uni ess such party violated State regulati ons which subject the bus in ess so en gaged in to restrictio ns or to the grant of franchises, or the provisions of laws or administrative regulations which prohibit such bus in ess.4. Right of Subrogati onArticle 11 For an obligee to in stitute a subrogatio n actio n in accorda nee with Article 73 of the Con tract Law, the followi ng con diti ons shall be met:1. the obligee's claim aga inst the obligor is lawful;2. the obligor's negligence in exercising their own matured claim causes injury to the obligee;3. the obligor's own claim has matured; and4. the obligor's claim is not personal to the obligor.Article 12 The phrase "such claim is personal to the obligor" mentioned in the first paragraph of Article 73 of the Con tract Law mea ns that such claim is a claim for payme nt aris ing from a maintenance relati on ship betwee n spouses, a pare nt's maintenance relatio nship towards their childre n, a child's maintenance relati on ship towards their parents or a succession relationship, or a claim for labour remuneration, retirement pension, old age pension, survivor's pension, relocation expenses, life in sura nce indemni ficatio n, pers onal injury indemn ificati on, etc.Article 13 The phrase "If the obligor n eglects to exercise their own matured claim, thereby caus ing injury to the obligee" men ti oned in Article 73 of the Con tract Law refers to the failure of the obligor both to perform their matured obligati on toward the obligee and to institute court or arbitral proceedings against their own obligor to assert their own matured claim inv olvi ng a mon etary payme nt, thereby caus ing the obligee's matured claim to be in capable of realizati on.If the sec on dary obligor (i.e. the obligor of the obligor) holds that the obligor was not n eglige nt in exercis ing their matured claim, the burde n of proof is on him.Article 14 If the obligee in stitutes a subrogatio n actio n in accorda nce with Article 73 of the Con tract Law, the compete nt court shall be the people's court of the place where the defe ndant is domiciled.Article 15 If the obligee sues the obligor before a people's court and subseque ntly in stitutes a subrogatio n action aga inst the sec on dary obligor in the same people's court, such sec ond action shall be placed on the docket and accepted if the provisions of Article 13 hereof and the requirements for the institution of actions stipulated in Article 108 of the PRC, Civil Procedure Law are complied with. If the sec ond acti on does not comply with Article 13 hereof, the obligee shall be in formed that they should institute a separate action in the people's court of the place where the sec on dary obligor is domiciled.The people's court which accepted a subrogatio n act ion shall suspend the proceedings in the said action in accordance with Item (e) of Article 136 of the PRC, Civil Procedure Law until the ruling in the action brought by the obligee aga inst the obligor has become legally effective.Article 16 If the obligee institutes a subrogation action in a people's court with the sec on dary obligor as defe ndant, but does not n ame the obligor as a third party, the people's court may join the obligor as a third party.If two or more obligees in stitute subrogati on actions aga inst the same sec on dary obligor, the people's court may consolidate the actions into one trial.Article 17 If the obligee petitions a people's court to issue an order for preservati on aga inst the sec on dary obligor's property duri ng a subrogati on acti on, they shall provide appropriate security in the form of property.Article 18 During a subrogati on acti on, the sec on dary obligor may raise aga inst the obligee the defences available to them against the obligor.If the obligor raises an objection to the claim of the obligee during a subrogation action, and the object ion is susta ined after inv estigati on, the people's court shall rule to dismiss the obligee's acti on.Article 19 If the obligee in a subrogation action prevails, the court costs shall be borne by the sec on dary obligor and be paid on a priority basis from the realized claim.Article 20 If, hav ing tried a subrogatio n action brought aga inst the sec on dary obligor by the obligee, the people's court determ ines that the obligee does have a right of subrogati on, the sec on dary obligor shall perform the obligatio n of payme nt towards the obligee, and the corresp onding claim-debt relati on ships betwee n the obligee and the obligor and betwee n the obligor and the sec on dary obligor shall be exti nguished a s at that time.Article 21 If in a subrogati on acti on the amount of the obligee's subrogated claim exceeds the amount of the debt owed by the obligor or the amount of the debt owed by the sec on dary obligor to the obligor, the people's court shall not support the part in excess.Article 22 If in a subrogation action the obligor institutes an action against the sec on dary obligor for the part of the claim in excess of the amount of the obligee's subrogated claim, the people's court shall inform the obligor that they should in stitute a separate action in the compete nt people's court.If the action in stituted by the obligor complies with the legal requireme nts, the people's court shall accept it. The people's court accepting the obligor's suit shall suspe nd the proceed ings in the action in accorda nee with the law un til the ruli ng in the subrogation action has become legally effective.5. Right of AnnulmentArticle 23 If the obligee in stitutes an annulment actio n in accorda nee with Article 74 of the Con tract Law, the compete nt court shall be the people's court of the place where the defe ndant is domiciled.Article 24 If the obligee in stitutes an annulment actio n in accorda nee with Article 74 of the Con tract Law and on ly n ames the obligor as defe ndant, without naming the ben eficiary or the assig nee as a third party, the people's court may join the ben eficiary or the assig nee as a third party.Article 25 If the obligee in stitutes an annulment actio n in accorda nee with Article 74 of the Con tract Law and petiti ons the people's court to annul the obligor's act of wai ving their claim or assig ning their property, the people's court shall con duct a trial in respect of the part for which the obligee asserts their right of annulmen t. If the act is ann ulled in accorda nee with the law, it shall be void ab in itio.If two or more obligees in stitute an annulment acti on aga inst the same obligor in respect of the same subject matter, the people's court may eon solidate the acti ons into one trial.Article 26 Such n ecessary expe nses as attor ney fees,travel expe nses, etc. in curred by the obligee in exercis ing their right of annulment shall be borne by the obligor. If a third party is at fault, they shall bear an appropriate share of such expe nses.6. The Third Party in a Con tract Assig nmentArticle 27 If the obligee assigns their contractual rights to a third party and a subseque nt dispute betwee n the obligor and the assig nee concerning performa nee of the con tract is brought before the people's court, and the obligor raises a defe nce aga inst the rights of the obligee, the obligee may be n amed a third party to the actio n.Article 28 If the obligor assig ns their con tractual obligati ons with the consentof the obligee and a subseque nt dispute betwee n the assig nee and the obligee concerning performa nce of the con tract is brought before the people's court, and the assig nee raises a defe nse in respect of the rights of the obligor aga inst the obligee, the obligor may be n amed as a third party to the actio n.Article 29 If a party to a con tract assig ns all their rights and obligati ons un der the con tract to an assig nee with the consent of the other party and a dispute betwee n the other party and the assig nee concerning performa nce of the con tract is brought before the people's court, and the other party raises a defence in respect of the rights and obligati ons un der the con tract, the assig nor may be n amed as a third party to the actio n.7. Con curre nt Right To Petiti onArticle 30 When in stitut ing an acti on in the people's court in accorda nce with Article 122 of the Con tract Law, if the obligee modifies their claim after elect ing the type of liability and before the first hearing, the people's court shall give its permissi on. If the other party raises an objecti on concerning jurisdict ion and their object ion is susta ined after inv estigati on, the people's court shall dismiss the acti on。
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最高人民法院关于适用《中华人民共和国合同法》若干问题的解释（一）Supreme Peoples Court, Several Issues Concerning Application of the 《PRC, Contract Law》Interpretation (1)查看更多：法律英语法释[1999]19号(Promulgated by the Supreme People's Court on 19 December 1999, and effective as of 29 December 1999.)颁布日期：19991219 实施日期：19991229 颁布单位：最高人民法院Pursuant to the PRC, Contract Law (the Contract Law), the following interpretation on issues relevant to the application of the Contract Law by people's courts are made in order to correctly try contract dispute cases:1. Applicable Scope of the LawArticle 1If a dispute arising from a contract formed after the implementationof the Contract Law is brought before the people's court, the provisions of the Contract Law shall be applied. If a dispute arising from a contract formed before the implementation of the Contract Law is brought before the people's court, the laws and regulations prevailing at the time shall be applied, unless otherwise stipulated herein. If there were no laws and regulations at the time governing the issue(s) in dispute, the relevant provisions of the Contract Law may be applied.Article 2The relevant provisions of Part Four of the Contract Law shall be applied to disputes arising from the performance of a contract which was formed before the implementation of the Contract Law but whose time limit for performance stipulated in the contract straddles the implementation date of the Contract Law or whose time limit for performance falls after the implementation of the Contract Law.Article 3When confirming the validity of a contract formed before the implementation of the Contract Law, the people's court shall apply the Contract Lawif the contract would be considered invalid if the law prevailing at the time is applied, but would be considered valid if the Contract Law is applied.Article 4After the implementation of the Contract Law, people's courts shall base themselves on laws formulated by the National people's Congress and its Standing Committee and/or administrative regulations of the State Council when confirming the invalidity of a contract, and not on local regulations or administrative rules and regulations.Article 5When retrying a case in which a final ruling was rendered before the implementation of the Contract Law, the people's court shall not apply the Contract Law.2. Statute of Limitations on ActionsArticle 6The people's court shall not protect the rights of a party to a technology contract dispute, if the fact of the infringement upon the party's rights occurred before the implementation of the Contract Law and more than one year has elapsed between the time the party knew or ought to have known that their rights were infringed and the date of implementation of the Contract Law. If the time elapseddoes not exceed one year, the statute of limitations for the institution of an action shall be two years.Article 7The people's court shall not protect the rights of a party to a technology import or export contract dispute, if the fact of the infringement upon the party's rights occurred before the implementation of the Contract Law and more than two years have elapsed between the time the party knew or ought to have known that their rights were infringed and the date of implementation of the Contract Law. If the time elapsed does not exceed two years, the statute of limitations for the institution of an action shall be four years.Article 8The period of "one year" stipulated in Article 55 and the period of "five years" stipulated in Article 75 and the second paragraph of Article 104 of the Contract Law are immutable periods of time not governed by the provisions on the tolling, interruption or extension of the statute of limitations.3. Validity of ContractsArticle 9In accordance with the second paragraph of Article 44 of the Contract Law, if laws or administrative regulations provide that a contract becomes effective only after the approval procedures or the procedures for approval and registration etc. are carried out, the people's court shall determine a contract to have not become effective if the parties concerned have failed to carry out the approval procedures or the procedures for approval, registration, etc. before the conclusion of argumentation in the court of first instance. If laws or administrative regulations provide that procedures for the registration of a contract shall be carried out but do not provide that the contract shall become effective after registration, the failure of the parties to carry out registration procedures shall not affect the validity of the contract, but ownership of and other rights in rem over the subject matter of the contract may not be assigned.Such circumstances as the amendment, assignment or termination of a contract enumerated in the second paragraph of Article 77, Article 87 and the second paragraph of Article 96 of the Contract Law shall be handled on the basis of the provisions of the preceding paragraph.Article 10The people's court shall not declare a contract invalid because a party exceeded its scope of business in concluding it, unless such party violated State regulations which subject the business so engaged in to restrictions or to the grant of franchises, or the provisions of laws or administrative regulations which prohibit such business.4. Right of SubrogationArticle 11For an obligee to institute a subrogation action in accordance with Article 73 of the Contract Law, the following conditions shall be met:1. the obligee's claim against the obligor is lawful;2. the obligor's negligence in exercising their own matured claim causes injury to the obligee;3. the obligor's own claim has matured; and4. the obligor's claim is not personal to the obligor.Article 12The phrase "such claim is personal to the obligor" mentioned in the first paragraph of Article 73 of the Contract Law means that such claim is a claim for payment arising from a maintenance relationship between spouses, a parent's maintenance relationship towards their children, a child's maintenance relationship towards their parents or a succession relationship, or a claim for labour remuneration, retirement pension, old age pension, survivor's pension, relocation expenses, life insurance indemnification, personal injury indemnification, etc.Article 13The phrase "If the obligor neglects to exercise their own matured claim, thereby causing injury to the obligee" mentioned in Article 73 of the Contract Law refers to the failure of the obligor both to perform their matured obligation toward the obligee and to institute court or arbitral proceedings against their own obligor to assert their own matured claim involving a monetary payment, thereby causing the obligee's matured claim to be incapable of realization.If the secondary obligor (i.e. the obligor of the obligor) holds that the obligor was not negligent in exercising their matured claim, the burden of proof is on him.Article 14If the obligee institutes a subrogation action in accordance with Article 73 of the Contract Law, the competent court shall be the people's court of the place where the defendant is domiciled.Article 15If the obligee sues the obligor before a people's court and subsequently institutes a subrogation action against the secondary obligor in the same people's court, such second action shall be placed on the docket and accepted if the provisions of Article 13 hereof and the requirements for the institution of actions stipulated in Article 108 of the PRC, Civil Procedure Law are complied with. If the second action does not comply with Article 13 hereof, the obligee shall be informed that they should institute a separate action in the people's court of the place where the secondary obligor is domiciled.The people's court which accepted a subrogation action shall suspend the proceedings in the said action in accordance with Item (e) of Article 136 of the PRC, Civil Procedure Law until the ruling in the action brought by the obligee against the obligor has become legally effective.Article 16If the obligee institutes a subrogation action in a people's court with the secondary obligor as defendant, but does not name the obligor as a third party, the people's court may join the obligor as a third party.If two or more obligees institute subrogation actions against the same secondary obligor, the people's court may consolidate the actions into one trial.Article 17If the obligee petitions a people's court to issue an order for preservation against the secondary obligor's property during a subrogation action, they shall provide appropriate security in the form of property.Article 18During a subrogation action, the secondary obligor may raise against the obligee the defences available to them against the obligor.If the obligor raises an objection to the claim of the obligee during a subrogation action, and the objection is sustained after investigation, the people's court shall rule to dismiss the obligee's action.Article 19If the obligee in a subrogation action prevails, the court costs shall be borne by the secondary obligor and be paid on a priority basis from the realized claim.Article 20If, having tried a subrogation action brought against the secondary obligor by the obligee, the people's court determines that the obligee does have a right of subrogation, the secondary obligor shall perform the obligation of payment towards the obligee, and the corresponding claim-debt relationships between the obligee and the obligor and between the obligor and the secondary obligor shall be extinguished a s at that time.Article 21If in a subrogation action the amount of the obligee's subrogated claim exceeds the amount of the debt owed by the obligor or the amount of the debt owed by the secondary obligor to the obligor, the people's court shall not support the part in excess.Article 22If in a subrogation action the obligor institutes an action against the secondary obligor for the part of the claim in excess of the amount of the obligee's subrogated claim, the people's court shall inform the obligor that they should institute a separate action in the competent people's court.If the action instituted by the obligor complies with the legal requirements, the people's court shall accept it. The people's court accepting the obligor's suit shall suspend the proceedings in the action in accordance with the law until the ruling in the subrogation action has become legally effective.5. Right of AnnulmentArticle 23If the obligee institutes an annulment action in accordance with Article 74 of the Contract Law, the competent court shall be the people's court of the place where the defendant is domiciled.Article 24If the obligee institutes an annulment action in accordance with Article 74 of the Contract Law and only names the obligor as defendant, without naming the beneficiary or the assignee as a third party, the people's court may join the beneficiary or the assignee as a third party.Article 25If the obligee institutes an annulment action in accordance with Article 74 of the Contract Law and petitions the people's court to annul the obligor's act of waiving their claim or assigning their property, the people's court shall conduct a trial in respect of the part for which the obligee asserts their right of annulment. If the act is annulled in accordance with the law, it shall be void ab initio.If two or more obligees institute an annulment action against the same obligor in respect of the same subject matter, the people's court may consolidate the actions into one trial.Article 26Such necessary expenses as attorney fees,travel expenses, etc. incurred by the obligee in exercising their right of annulment shall be borne by the obligor. If a third party is at fault, they shall bear an appropriate share of such expenses.6. The Third Party in a Contract AssignmentArticle 27If the obligee assigns their contractual rights to a third party and a subsequent dispute between the obligor and the assignee concerning performance of the contract is brought before the people's court, and the obligor raises a defence against the rights of the obligee, the obligee may be named a third party to the action.Article 28If the obligor assigns their contractual obligations with the consent of the obligee and a subsequent dispute between the assignee and the obligee concerning performance of the contract is brought before the people's court, and the assignee raises a defense in respect of the rights of the obligor against the obligee, the obligor may be named as a third party to the action.Article 29If a party to a contract assigns all their rights and obligations under the contract to an assignee with the consent of the other party and a dispute between the other party and the assignee concerning performance of the contract is brought before the people's court, and the other party raises a defence in respect of the rights and obligations under the contract, the assignor may be named as a third party to the action.7. Concurrent Right To PetitionArticle 30When instituting an action in the people's court in accordance with Article 122 of the Contract Law, if the obligee modifies their claim after electing the type of liability and before the first hearing, the people's court shall give its permission. If the other party raises an objection concerning jurisdiction and their objection is sustained after investigation, the people's court shall dismiss the action。