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| Notice of the Supreme People's Court on Issuing the Opinions on the Application of Law to Cases Relating to Wenchuan Earthquake (I) | | 最高人民法院印发《关于处理涉及汶川地震相关案件适用法律问题的意见（一）》的通知 |
(No.21 [2008] of the Supreme People's Court) | |
（法发〔2008〕21号） |
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, the Military Court of the People's Liberation Army, the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uigur Autonomous Region: | |
各省、自治区、直辖市高级人民法院，解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院： |
To do a good job in the trial and enforcement in the disaster areas and protect the legal rights and interests of the people of the disaster areas, the Supreme People's Court has formulated the Opinions on the Application of Law to Cases Relating to Wenchuan Earthquake (I), which are hereby issued to you for your compliance and implementation in light of your trial practice. | |
为依法做好灾区审判和执行工作，保障灾区人民群众合法权益，最高人民法院制订了《关于处理涉及汶川地震相关案件适用法律问题的意见（一）》，现印发给你们，请结合审判实际，遵照执行。 |
All higher people's courts, especially those of areas more seriously stricken by the earthquake disaster, shall strengthen their investigation and research on the trial and enforcement of the relevant cases and report new situations and new problems encountered to the Supreme People's Court betimes. | |
各高级人民法院，特别是灾情比较严重地区的高级人民法院，要加强对有关案件审判、执行工作的调研，发现新情况、新问题的，应及时报告最高人民法院。 |
July 14, 2008 | |
2008年7月14日 |
Opinions on the Application of Law to Cases Relating to Wenchuan Earthquake (I) | |
最高人民法院关于处理涉及汶川地震相关案件适用法律问题的意见（一） |
To do a good job in the trial and enforcement in the disaster areas, protect the legal rights and interests of the people of the disaster areas, maintain the social stability in the disaster areas and provide powerful judicial safeguards for earthquake prevention, disaster relief and post-disaster rehabilitation and reconstruction, the Supreme People's Court issued the Notice of the Supreme People's Court on Doing a Good Job in Trial during the Period of Earthquake Prevention and Disaster Relief and Maintaining the Social Stability in the Disaster Areas (No.152 [2008] of the Supreme People's Court) and the Notice of the Supreme People's Court on Doing a Good Job in Civil Trial and Enforcement during the Period of Earthquake Prevention, Disaster Relief, Rehabilitation and Reconstruction (No.164 [2008] of the Supreme People's Court) on May 27 and June 6,respectively. These two notices provide for the basic principles for the trial and enforcement of disaster-related cases, address some specific issues concerning application of law, and shall be strictly implemented by the people's courts at all levels. To restore the normal economic and social order in the disaster areas as soon as possible, in light of the actuality of post-disaster rehabilitation and reconstruction, we put forward the following opinions on the relevant issues concerning the application of law to cases relating to Wenchuan Earthquake: | |
为依法做好灾区审判和执行工作，保障灾区人民群众合法权益，维护灾区社会稳定，为抗震救灾和灾后恢复重建提供有力的司法保障，最高人民法院分别于5月27日和6月6日发布了《最高人民法院关于依法做好抗震救灾期间审判工作切实维护灾区社会稳定的通知》（法[2008]152号）和《最高人民法院关于依法做好抗震救灾恢复重建期间民事审判和执行工作的通知》（法[2008]164号），上述两个《通知》对涉灾案件审判和执行工作的基本原则和一些具体法律适用问题做出了规定，各级人民法院要严格执行。根据灾后恢复重建的实际情况，为尽快恢复灾区正常的经济、社会秩序，现对涉及四川汶川地震灾害相关案件适用法律的有关问题进一步提出以下意见： |
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| I. For cases of marriage, family, inheritance, declaration of death and declaration of missing and other cases about the personal or property relationship of the people in the disaster areas, the people's court shall actively accept them according to law, and solve problems caused by the changes of rights and obligations in the personal and property relationships due to the earthquake as soon as possible. | | 一、对于涉及灾区群众人身、财产关系的婚姻家庭、继承、宣告死亡、宣告失踪等案件，人民法院要依法积极受理，尽快解决因地震造成相关人身和财产权利义务关系变化而带来的问题。 |
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| II. Where any person of the disaster area is resettled in a place which is not in the same administrative region as his place of original domicile or permanent residence is, if any litigation involving such a person occurs after his resettlement, the people's court may deem the place of resettlement as the place of residence of the person when determining its jurisdiction over the litigation. | | 二、灾区群众安置地与原住所地、经常居住地不在同一行政区的，对于异地安置以后发生的诉讼，可以将安置地视为当事人的居住地依法确定管辖。 |
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| III. Where any contracted land in the rural area loses its arability or boundary due to the earthquake, and the party concerned brings an action to request an adjustment, demarcation or redetermination of right in respect of the land, the people's court shall notify the party concerned to apply to the competent governmental department for settling the issue. | | 三、农村承包地因地震灾害导致不能耕种、边界不明，当事人起诉要求进行调整。边界划定或重新确权的，人民法院应当告知当事人向有关政府行政主管部门申请解决。 |
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IV. Where the judge handling a case cannot perform his duties for his death in the earthquake or any other reason, the people's court may replace the judge handling the case under the procedure prescribed in the Several Provisions of the Supreme People's Court Concerning the Work of the Collegiate Panel of the People's Court (No.25 [2002] of the Supreme People's Court) to continue the trial. If a case is transferred to the people's court having jurisdiction or is under specified jurisdiction, the people's court which the case is transferred to or is specified to have jurisdiction over the case shall continue trying the case.
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