What are the similarities and differences between patent rights, property rights and creditor's rights?

The "Provisions on the Causes of Civil Cases" were discussed and adopted at the 1438th meeting of the Judicial Committee of the Supreme People's Court on October 29, 2007, and came into effect on April 1, 2008. The Provisions on the Causes of Civil Cases are now issued to you, please implement them conscientiously.

Since its trial implementation on January 1, 2001, our court's "Provisions on the Causes of Civil Cases (Trial)" have played an important role in facilitating the litigants to conduct civil litigation and standardizing the civil case filing, trial and judicial statistics work of the people's courts. played an important role. In recent years, with the implementation of a batch of new civil laws, many new types of civil cases have appeared in trial practice, and the civil causes of action need to be refined, supplemented and improved. Especially after the implementation of the Property Law, there is an urgent need to revise the Provisions on Causes of Action for Civil Cases (Trial) and add causes of action for cases involving property rights disputes. In accordance with the requirements of the Seventh National Civil Trial Work Conference, the Supreme People's Court revised the "Regulations on the Causes of Civil Cases (Trial)" and formed the "Regulations on the Causes of Civil Cases". The relevant issues regarding the application of the "Provisions on the Causes of Civil Cases" by the people's courts at all levels are hereby notified as follows:

1. We must conscientiously study and master the "Provisions on the Causes of Civil Cases" and attach great importance to the application of the "Provisions on the Causes of Civil Cases" in civil trials. Important role

The cause of action of a civil case is the name of a civil litigation case, which reflects the nature of the civil legal relationship involved in the case. It is a summary of the legal relationship included in the litigation dispute by the people's court.

2. Uniform standards for determining the cause of action of civil cases should be adhered to

The cause of action of civil cases should be determined based on the nature of the civil legal relationship claimed by the parties.

3. Several issues regarding the arrangement system of causes of action for civil cases 1. The "Provisions on Causes of Action for Civil Cases" are based on the classification of civil legal relationships in civil law theory, combined with current legislation and trial practice, and organize the arrangement of causes of action. The system is divided into personality rights, marriage and family inheritance, property rights, creditor's rights, labor disputes and personnel disputes, intellectual property rights, maritime affairs, civil disputes related to railway transportation and civil disputes related to companies, securities, bills, etc., and special application The ten most important parts, including the causes of action of procedural cases, are regarded as the first-level causes of action.

2. Regarding the arrangement of causes of action for infringement dispute cases. The "Regulations on Causes of Action for Civil Cases" does not separately list infringement dispute cases as first-level causes of action, but provides separate provisions. First, general civil infringement cases are stipulated under the first-level causes of action such as personality rights, property rights, and intellectual property rights according to the type of civil rights, and are listed as second-level or third-level causes of action as needed, or are implicitly included in the first-level causes of action. Under the third degree cause of action. Second, some tort dispute cases that infringe both personal rights and property rights at the same time, as well as tort dispute cases that apply special tort rules, are listed separately under the cause of action of creditor's rights dispute cases. As the second-level cause of action, several third-level causes of action are listed below. level cause of action.

3. Issues regarding the application of causes of action for property rights disputes and contract disputes 4. Regarding "property rights protection disputes" and "ownership disputes", "usufruct rights disputes" and "collateral" in the third part "rights disputes".

IV. Several issues that should be paid attention to when applying the "Provisions on the Causes of Civil Cases"

1. When filing a case, the court of first instance should first of all The fourth-level causes of action listed in the "Provisions on Causes of Action for Civil Cases" shall apply. If there is no provision for the fourth-level cause of action, the third-level cause of action shall apply; if there is no provision for the third-level cause of action, the corresponding second-level cause of action may be directly applied or First level cause of action.

2. If two or more legal relationships are involved in the same lawsuit, which is a principal-subordinate relationship, the people's court shall determine the cause of the case based on the principal legal relationship. However, if the parties only sue based on the subordinate legal relationship, the people's court shall determine the cause of the case based on the subordinate legal relationship. relationship determines the cause of action; if it does not belong to a principal-slave relationship, the cause of action will be determined based on the legal relationship of the parties' litigation. If both are legal relationships in litigation, the two parallel causes of action will be determined based on two or more legal relationships in the litigation.

3. In the case of competing claims, the people's court shall determine the corresponding cause of action based on the claim independently chosen by the parties and the nature of the legal relationship between the parties.

4. If a party adds or changes a claim during the litigation process, resulting in a change in the legal relationship between the parties, the people's court shall change the cause of action of the case accordingly.

In order to correctly apply the law and uniformly determine the cause of action in civil cases, the provisions of the cause of action in civil cases are based on the "General Principles of the People's Republic of China and Civil Law", the "Property Law of the People's Republic of China", and "The People's Republic of China on National Property Rights". According to laws such as the Contract Law of the People's Republic of China and the Civil Procedure Law of the People's Republic of China, the causes of action for civil cases are as follows:

Part 1 Personal Rights Disputes

1. Personal rights disputes

1. Disputes over life, health and body rights

2. Marriage and family disputes 3. Inheritance disputes

Part 3 Property rights disputes

4. Real estate registration disputes

5. Property rights protection disputes

6. Ownership disputes

47. ***There is a dispute

(1) There is a dispute between *** and ***

(2) There is a dispute between *** and ***

7. Disputes over usufructuary rights< /p>