How to make good use of the Civil Code?Xinjiang front -line judges to answer

Author:Tianshan.com Time:2022.06.18

On June 17, at the Youth Forum of the Civil Code of the Court of Courts in the district, a front -line trial personnel shared their experience according to the actual trial work. Pomegranate cloud/Xinjiang Daily reporter Wang Na

Pomegranate/Xinjiang Daily (Reporter Wang Na reported) What impact does the civil code bring on the lives of the people? How can court staff use the Civil Code to promote social harmony and stability? On June 17, at the Youth Forum of the Civil Civil Code of the Court of Courts held by the Gessful People's Court of the Autonomous Region, Xinjiang front -line trial personnel shared their experience according to the actual trial work.

"The civil code of marriage and family editor has improved the compensation system for divorce damage." Zuo Lei, a judge of the People's Court of Yining City, said that in response to the biggest obstacle evidence of the maximum obstacle to the realization of the right to compensation for divorce damage, in the trial of such cases The judge shall fully consider the actual situation of the weak ability of the wrong party, and use the height of the heights. It is determined by the evidence provided by the wrong party without a legitimate reasons or the reverse evidence to refute.

"The premium support agreement system can give the elderly a full pension guarantee and pension choice." Ding Feifei, assistant judge of the people of the People's Court of Yizhou District, Hami City, said that most parties in practice adopt the "aging agreement", "pension agreement", "wills", "Wills" "Or other names such as the name and other names, although the title and form did not indicate the" premium support agreement ", according to the essential content, as long as the substantive content of the agreement with the bearing support agreement should be identified as a gift support agreement.

"The Civil Code has officially established my country's residence rights system." Li Mengni, deputy president of the comprehensive trial court of the Kashgar People's Court, believes that when trials involving disputes in the establishment of residential rights, they should pay attention to Or if one party has not signed or stamped, the residential rights contract has not been established, but one party has fulfilled its main obligations. For example, if the residential right has been possessed and used by those who have residential rights, the residential contract is established.

In addition, many judges also shared the trial experience from the perspective of the protection of personality rights from the contract and its cracking method, the implementation of the personnel rights, the joint debt identification of the husband and wife, the legal consequences of the right to transfer the contract without the consent of one party, and proposed applications. Suggest.

During the forum, the leaders of the Higher People's Court of the Autonomous Region in charge of civil trial work, the heads of the civil trial court, and the legal experts of Xinjiang University, Xinjiang Normal University, and Yili Normal University made a live comments on the spot, and on how to handle the case well Put forward guiding opinions to realize the in -depth integration of theoretical discussions and judicial practice.

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