Notice on Unscheduled Release of Some Judicial Interpretations (Second Batch)

(1996 65438+February 3 1 fafafa [1996] No.34).

Higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government and military courts of the People's Liberation Army:

After our hospital published the first batch of judicial interpretations to be abolished, it began to comprehensively clean up the judicial interpretations issued between 1979 and 1989. The second batch of judicial interpretation catalogues abolished by the Judicial Committee of our hospital are hereby printed and distributed to you, please follow them. 69 judicial interpretations were abolished, including criminal trial 16, civil trial 34 and economic trial 19. Among them, some documents were issued in the form of "letter" and "reply". Considering the nature of these documents as judicial interpretations, they also played a certain guiding role in the trial work at that time. Based on the principle of respecting history and maintaining its original appearance, this time it was also cleaned up as a judicial interpretation. The abolished judicial interpretation is no longer applicable (some have long been invalid). However, the judgments and rulings made in relevant cases by applying the above judicial interpretation in the past are still valid. Cleaning up the judicial interpretation will continue. If the judicial interpretation document jointly issued by the Supreme People's Court and relevant departments needs to be abolished, our hospital will jointly issue a document with relevant departments to be abolished. Only part of the judicial interpretation can not meet the needs of the current trial practice, which is not included in this cleanup. On the basis of comprehensive cleaning, our hospital will organize relevant departments to study and revise. If you have any opinions from all over the country, please report them to our hospital in time.

The Supreme People's Court decided to abolish the period from 1979 to 1989.

Catalogue of judicial interpretations issued (second batch)

(discussed and adopted at the 869th meeting of the Supreme People's Court Judicial Committee)

1, the Supreme People's Court's reply on the examination and approval procedures for review cases after the change of jurisdiction.

1979 March 2 1 (79) put Yanzi No.7 on trial.

This reply is an opinion on the handling of individual cases and is no longer applicable.

2. Notice of the Supreme People's Court Municipality on Several Provisions on Submitting Death Penalty Review Cases

1979 65438+Feb 12 (79) Fa Ban Zi No.92

This judicial interpretation has been replaced by "Specific Provisions on the Procedure of Hearing Criminal Cases" issued by the Supreme People's Court 2 1, 1 in March, 1994.

3. Notice of the Supreme People's Court on Several Specific Provisions on Authorizing the Higher People's Court to Approve the Death Penalty for Several Types of Active Offenders.

1980 March 18

This judicial interpretation has been replaced by the Notice on Authorizing Higher People's Courts to Approve Some Death Penalty Cases 1983 issued by the Supreme People's Court on September 7th.

4. the Supreme People's Court's official reply on whether the date when the criminals found out in the struggle to expose and criticize the Gang of Four were quarantined and examined before their arrest can be counted as prison terms.

1980 April 17 (80). 13

This reply is a solution to the problems left over from a specific historical period and is no longer applicable.

5. Reply of the Supreme People's Court on how to deal with cases in which the intermediate people's court sentenced the death penalty to a suspended execution and the higher people's court reviewed the death penalty that must be executed immediately.

1981June 10 (8 1) Fa YanziNo. 1 1

This reply has been replaced by the "Specific Provisions on the Procedure of Hearing Criminal Cases" issued by the Supreme People's Court 2 1, 1 on March 26th, 1994.

6. Reply of the Supreme People's Court on whether the date of handing over "supervised labor by the masses" before arrest can be deducted from the sentence.

1982 September 8th [1982] Fayanzi No.7

This reply is an opinion on the handling of individual cases and is no longer applicable.

7. Reply of the Supreme People's Court on whether the defendant in a criminal case suffers from mental illness during the trial should suspend the trial.

1 February 4, 983 (83) Fa ZiNo.1

This reply has been replaced by the "Specific Provisions on the Procedure of Hearing Criminal Cases" issued by the Supreme People's Court 2 1, 1 on March 26th, 1994.

8. Reply of the Supreme People's Court on the crime of counterfeiting trademarks if individuals illegally manufacture or sell other people's registered trademarks, which constitutes a crime.

1issued (delayed) reply (1985) No.28 on May 9, 1985

1On February 22nd, 993, the NPC Standing Committee passed and promulgated the Supplementary Provisions on Punishing the Crime of Counterfeiting Registered Trademarks, which contradicted this and is no longer applicable.

9. Reply of the Supreme People's Court on how to convict criminal cases such as playing obscene videos, movies, TV films and slides.

1July 8, 985 Law (Research) Complex (1985) No.40/1990/