The Supreme People's Court Announces 10 Typical Cases of Promoting Socialist Core Values

Cultivating and practicing the core socialist values is a strategic task to promote the great cause of socialism with Chinese characteristics and achieve the great rejuvenation of the Chinese nation and the Chinese Dream. As a national judicial organ, the People's Court is responsible for the important mission of law enforcement, case resolution, dispute resolution, punishing evil and promoting good, and maintaining justice. It is the unshirkable responsibility of the people's court to promote the socialist core values and promote the continuous improvement of the construction level of socialist core values throughout society through trial execution work.   A concise and concise style that refines the basic case, legal basis, and value promotion. These 10 cases respectively reflect and promote the value goals, value orientations, and value norms of socialist core values from different perspectives, such as family virtues, social ethics, public order and good customs, friendly mutual assistance, honest management, honest litigation, honesty and compliance with the law, and environmental public welfare. In order to fully leverage the important exemplary and leading role of judicial adjudication in social values, and further promote the active cultivation and practice of socialist core values by the whole society, these 10 typical cases are now announced.

Case 1: Liu v. Liu and Zhou for the division of a jointly owned house

Value Promoted: Family Virtue

Filial piety towards parents is an important family ethics and morality that has been passed down for thousands of years in Chinese society. Parents endure hardships for their children and cultivate them into adults. As children grow up, they should treat their parents well and create a stable living environment for them. In this case, the parents paid the majority of the purchase price for the house and, considering the interests of their children, allowed their daughter to own 90% of the property rights. However, as a daughter, the plaintiff Liu intended to transfer the parents' share to himself, thereby occupying the entire share of the house, damaging the interests of the parents. The people's court did not support this in accordance with the law.

【Basic Case】

The plaintiff Liu is the only daughter of the two defendants. In November 2012, the plaintiff and defendant jointly purchased a house in a certain community in Chongqing, and the majority of the house payment was made by the two defendants. Both parties agreed on the ownership of the house, with the plaintiff holding a 90% share and the two defendants each holding a 5% share. This room is the only residential property of the two defendants. Due to a conflict between the plaintiff and the defendant over the decoration of the house, the plaintiff filed a lawsuit with the court requesting a judgment to transfer the ownership of the house property rights held by the two defendants to the plaintiff. The plaintiff compensated the two defendants with a house payment of 28000 yuan. The defendant believes that the property was mainly purchased at their own expense and does not intend to transfer the ownership share to the plaintiff. After trial, the People's Court held that although the disputed property in this case was jointly owned by the plaintiff and the two defendants, and it was agreed that the plaintiff held a 90% share of the property rights, the two defendants had a relationship with the plaintiff's parents and children, and both parties purchased the house for the purpose of residence. The two defendants paid the majority of the house price and, out of their love for their children, registered 90% of the property rights under the plaintiff's name. The plaintiff now requests the defendant to transfer the share of property rights, but the defendant does not agree. According to Article 7 of the Property Law, the plaintiff's demand for parents to transfer their share of the house to themselves does not conform to good customs and traditional virtues, and is not supported by law.

【Legal Guidelines】

Property Law of the People's Republic of China

Article 7: The acquisition and exercise of property rights shall comply with the law, respect social morality, and shall not harm public interests or the legitimate rights and interests of others.

Case 2: "Beiyan Yunyi" v. a police station refusing to handle household registration

Value Promoted: Public Order and Good Customs

The exercise of the right of name by citizens shall comply with legal provisions and shall not harm public order and good customs. When the plaintiff's parents registered their household registration in this case, they named them "Beiyan Yunyi" and did not follow their father's or mother's surname, nor did they have any other legitimate reasons. The public security organs have refused to register the household registration of "Beiyan Yunyi", which complies with legal regulations, adheres to the requirements of public order and good customs, maintains normal social management order, and has received legal support from the people's court.

【Basic Case】

After deciding to name their daughter "Beiyan Yunyi", Lv and Zhang went to a police station to apply for household registration for their daughter. The police station refused to handle household registration for her in accordance with legal regulations and procedures. Lv believes that this administrative act infringes on his daughter's right to name, so he filed an administrative lawsuit in the name of his daughter "Beiyan Yunyi", requesting confirmation that the defendant's refusal to apply for household registration under the name of "Beiyan Yunyi" is illegal. After trial, the people's court held that, in accordance with the interpretation of Article 99 (1) of the General Principles of the Civil Law of the People's Republic of China and Article 22 of the Marriage Law of the People's Republic of China by the Standing Committee of the National People's Congress, citizens exercising their right to name should respect social morality and not harm public interests. Choosing a surname other than the parents' surname should have legitimate reasons that do not violate public order and good customs. The plaintiff "Beiyan Yunyi" in this case does not meet the above requirements, so the judgment rejects the plaintiff's lawsuit request.

【Legal Guidelines】

Interpretation of the Standing Committee of the National People's Congress on Article 99 (1) of the General Principles of the Civil Law of the People's Republic of China and Article 22 of the Marriage Law of the People's Republic of China

Citizens have the right to a name in accordance with the law. Citizens exercising their right to name should also respect social morality and not harm public interests.

In principle, citizens should follow their father's or mother's surname. If one of the following situations occurs, a surname can be selected outside of the father's and mother's surnames:

（1） Choose the surnames of other direct relatives by blood;

（2） Choosing the surname of a dependent due to being supported by someone other than the legal dependent;

（3） There are other legitimate reasons that do not violate public order and good customs.

The surnames of ethnic minority citizens can be derived from their own cultural traditions and customs.

Case 3: Zhou sued a certain public security bureau for delaying the performance of legal responsibilities

Value Promoted: Social Ethics

Civilized fitness and harmonious life are not only the embodiment of socialist spiritual civilization, but also the embodiment of the spirit of the rule of law. The active participation of the general public in fitness activities is beneficial for physical and mental health, and enhances physical fitness, but it cannot harm the legitimate rights and interests of others. The plaintiff in this case, Zhou, filed an administrative lawsuit after reporting to a public security bureau for failing to resolve the issue due to community residents dancing square dances downstairs, which seriously affected the peace of life. The people's court has ruled in accordance with the law that the public security bureau will make administrative handling of Zhou's report. This case also reminds the general public that in order to strengthen their physical fitness and respect the rights of others, we can truly ensure the "happiness index" of fitness and enhance the "civilization index" of harmonious coexistence.

【Basic Case】

The plaintiff Zhou resides in a community in Changsha City, and some community residents often dance square dances on the sidewalk downstairs around 8 pm. The sound equipment is too loud, seriously affecting their quiet life. Zhou reported to the police and demanded that a certain public security bureau handle it in accordance with the law. After receiving the alarm, a certain public security bureau repeatedly went to the scene to persuade dance residents to turn down the sound volume or change the dance venue, but there has been no significant effect. Afterwards, the plaintiff sued the people's court and demanded that a certain public security bureau handle it in accordance with the law. After trial, the people's court found that a certain public security bureau did not legally determine whether there were any illegal issues with the behavior of some residents dancing square dances and using audio equipment downstairs, as claimed by the plaintiff, and whether administrative penalties were required. Therefore, it ruled that a certain public security bureau would handle Zhou's report in accordance with the law. After the judgment came into effect, the public security bureau repeatedly advised and educated the dancers, and strengthened cooperation with the local community to guide the square dance team to move to an empty ground 100 meters away from its original location. The community where the plaintiff lives has also reached an agreement with a bus station in Changsha, with the active coordination and support of government departments, to build a fitness venue specifically for entertainment activities such as square dancing near the station, which not only avoids noise disturbance to the residents, but also provides a free activity space for dance and fitness enthusiasts.

【Legal Guidelines】

Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution

Article 58: Those who, in violation of the provisions of this Law, commit one of the following acts shall be given a warning and may also be fined by the public security organs:... (2) Those who, in violation of the regulations of the local public security organs, organize entertainment, gatherings, and other activities in public places such as streets, squares, and parks in urban areas, use sound equipment, and produce excessive volume that interferes with the surrounding living environment

Law of the People's Republic of China on Administrative Penalties for Public Security

Article 7: The public security department of the State Council is responsible for the management of public security throughout the country. The public security organs of local people's governments at or above the county level are responsible for the management of public security within their respective administrative regions.

The jurisdiction of public security cases shall be determined by the public security department of the State Council.

Article 58: Those who violate the legal provisions on the prevention and control of noise pollution in social life and create noise that interferes with the normal life of others shall be given a warning; Those who fail to correct after warning shall be fined not less than 200 yuan but not more than 500 yuan.

Case 4: Zhang et al. v. Yang's Inheritance Dispute Case

Promoted value: friendliness and mutual assistance

Far relatives are better than near neighbors. Neighborhood relationship is an important relationship in people's lives, and mutual assistance between neighbors is a fine tradition and kind custom in Chinese society. Advocating, cultivating, and maintaining good neighborhood relationships is an important part of community construction that takes care of, understands, and harmonizes with each other. In this case, Yang's father has been taken care of by Zhang and his son for a long time. Yang's father bequeathed his property to Zhang's son, which is based on legal evidence and reasonable circumstances, and is supported by the people's court in accordance with the law.

【Basic Case】

The plaintiff Zhang and his son are neighbors of the defendant Yang's father. Since the 1950s, Zhang and his wife have given Yang's father a lot of care, and both parties have been getting along well and have had more exchanges. Yang had no contact with his father for many years until November 2011, when he finally made contact and visited him. Afterwards, during his hospitalization, Yang's father verbally bequeathed his house to Zhang's son, and multiple witnesses were present to prove it. In March 2012, Yang's father passed away. The plaintiff and defendant filed a lawsuit over the inheritance of Yang's father's estate. The people's court ruled in accordance with the law that Yang's father's house belonged to Zhang's son, and other property was inherited by Yang.

【Legal Guidelines】

Inheritance Law of the People's Republic of China

Article 5: After the commencement of inheritance, it shall be handled in accordance with legal inheritance; If there is a will, it shall be handled according to testamentary inheritance or legacy; If there is a legacy maintenance agreement, it shall be handled in accordance with the agreement.

Article 25: After the commencement of inheritance, if the inheritor waives inheritance, they shall make a declaration of abandonment before the disposal of the estate. If there is no indication, it shall be deemed as acceptance of inheritance.

The legatee shall make an acceptance or abandonment of the legacy within two months after becoming aware of it. If there is no indication of expiration, it shall be deemed as a waiver of the legacy.

Case 5: Yang v. A Property Insurance Co., Ltd. Accident Insurance Contract Dispute Case

Promoted value: honesty and trustworthiness

The principle of honesty and credit is the fundamental principle of civil and commercial activities. The obligation of insurance companies to provide reminders and explanations is a fundamental requirement for implementing the principle of good faith in the field of insurance contracts. The defendant in this case, the insurance company, failed to fulfill the obligation to remind and explain the exemption clauses in the insurance contract, and should bear the insurance liability in accordance with the law.

【Basic Case】

In 2013, Yang purchased two "Tianan Happy" card style policies from a property insurance company (hereinafter referred to as the insurance company) and activated the card according to the prompt on the back of the card that "this card is activated by phone". In 2014, Yang was injured in a traffic accident and was identified as a Level 9 disability. Yang sued the insurance company to the people's court, demanding that it pay the full amount of insurance benefits and accidental medical hospitalization subsidies in accordance with the policy agreement, totaling over 160000 yuan. The insurance company argues that compensation should be made proportionally, rather than in full, in accordance with the standards of the "Table of Disability Degree and Insurance Benefit Payment Proportions" (hereinafter referred to as the "Table of Payment Proportions") attached to the insurance contract. The first instance court held that insurance companies have a legal obligation to provide reminders and clear explanations of the exemption clauses in the standard terms provided by them. The "Payment Ratio Table" attached to the "Tian'an Happy" card insurance contract is a standard clause for reducing or exempting the liability of the insurance company. On the back of the policy, it is stated that "this card is activated by phone", but in the sales process and phone activation process settings of the card, it cannot be reflected that the insurance company has provided prompt and clear explanations for the relevant exemption clauses. Therefore, the defendant is judged to pay the full insurance benefits and unexpected medical hospitalization subsidies as agreed. On the basis of clear legal interpretation, the second instance court facilitated mediation between both parties, with the defendant compensating the plaintiff for nearly 140000 yuan in a lump sum.

【Legal Guidelines】

Insurance Law of the People's Republic of China

Article 17: If an insurance contract is concluded using the format terms provided by the insurer, the application form provided by the insurer to the policyholder shall be accompanied by the format terms, and the insurer shall explain the content of the contract to the policyholder.

For the clauses in the insurance contract that exempt the insurer from liability, the insurer shall make sufficient reminders on the application form, insurance policy, or other insurance documents to draw the attention of the policyholder when signing the contract, and provide a clear explanation of the content of the clauses to the policyholder in written or oral form; If there is no prompt or clear explanation, this clause shall not have any effect.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Insurance Law of the People's Republic of China (II)

The clauses in the format contract text provided by the insurer in the first paragraph of Article 9 that exempt or reduce the insurer's liability, such as liability exemption clauses, deductible amounts, deductible ratios, proportional compensation or benefits, can be recognized as "clauses that exempt the insurer's liability" as stipulated in the second paragraph of Article 17 of the Insurance Law.

Article 12: If an insurance contract is concluded through the internet, telephone, or other means, and the insurer provides a reminder and clear explanation of the exemption clause from the insurer's liability through web pages, audio, video, or other forms, the people's court may determine that it has fulfilled the obligation of reminder and clear explanation.

Article 13: The insurer shall bear the burden of proof for fulfilling its obligation to clearly state.

If the policyholder signs, seals, or confirms in other forms that the insurer has fulfilled the clearly stated obligation in accordance with the requirements of Article 11 (2) of this interpretation on relevant documents, it shall be deemed that the insurer has fulfilled this obligation. Except where there is other evidence to prove that the insurer has not fulfilled the obligation of clear explanation.

Case 6: Zhang v. A Trading Co., Ltd. Sales Contract Dispute Case

The Value Promoted: Integrity Management

Honesty and trustworthiness are not only basic moral principles, but also fundamental principles that market activities should follow. In response to the current phenomenon of repeated bans on counterfeit and inferior products in some places, we should clearly advocate and praise honesty and trustworthiness, firmly condemn, sanction and crack down on dishonest behavior, and strive to create a food safety environment that allows the people to "buy with peace of mind, eat with peace of mind, and use with ease". The defendant in this case sold the "three no" food, and the plaintiff claimed to refund the payment and pay ten times the punitive damages, which the people's court supported in accordance with the law.

【Basic Case】

Zhang successively purchased 5 large bottles of Shiji brand sesame oil and 47 small bottles of Shiji brand sesame oil from a certain trading limited liability company (hereinafter referred to as the trading company), paying a price of 654 yuan. The trading company issued a shopping invoice. A few months later, Zhang reported the two types of sesame oil mentioned above to the Food and Drug Administration of a certain city as "three no" food. The Food and Drug Administration of a certain city has verified and imposed administrative penalties on a trading company for suspected operation of "three no" food. Afterwards, Zhang filed a lawsuit with the people's court, demanding that the trading company refund the payment of 654 yuan and pay a compensation of 6540 yuan ten times the payment. On the basis of finding out the facts, the people's court supported Zhang's claim in accordance with the law.

【Legal Guidelines】

Food Safety Law of the People's Republic of China

Article 4: Food producers and operators are responsible for the safety of their food production and operation.

Food producers and operators shall engage in production and business activities in accordance with laws, regulations, and food safety standards, ensure food safety, be honest and self-disciplined, be responsible to society and the public, accept social supervision, and bear social responsibility.

Article 148 (2): If a consumer produces food that does not meet food safety standards or knowingly operates food that does not meet food safety standards, in addition to demanding compensation for losses, they may also demand compensation from the producer or operator for ten times the price or three times the loss; If the amount of additional compensation is less than one thousand yuan, it shall be one thousand yuan. However, the exception is for defects in the labels and instructions of food that do not affect food safety and do not mislead consumers.

Case 7: Dispute over Ship Repair Contract between a Shipyard and a Shipping Co., Ltd

Value Promoted: Integrity Litigation

Sincerity is the way of heaven. Honesty and credibility are the traditional virtues of the Chinese nation and an important part of the construction of a rule of law country and a rule of law society. The two parties involved in this case maliciously colluded, fabricated the debt and debt relationship, and attempted to infringe on the legitimate rights and interests of others through litigation, engaging in false litigation. The people's court rejected their litigation request in accordance with the law and imposed a fine on the parties involved.

【Basic Case】

The plaintiff, a shipyard, sued the defendant, a shipping limited company, for a delay of 3.8 million yuan in ship maintenance fees, and requested the court to order the defendant to pay a total of 4.3185 million yuan in ship maintenance fees and liquidated damages. During the trial of the case, the people's court discovered various suspicious points and after obtaining evidence in accordance with the law, it was found that the plaintiff and defendant maliciously colluded, fabricated the fact of ship maintenance, jointly forged relevant evidence, attempted to harm the legitimate rights and interests of others, and constituted a false lawsuit. Therefore, the court rejected the plaintiff's lawsuit request and imposed a fine of RMB 200000 on both the plaintiff and defendant in accordance with the law.

【Legal Guidelines】

Civil Procedure Law of the People's Republic of China

Article 13, Paragraph 1: Civil litigation shall follow the principle of good faith.

Article 112: If the parties collude maliciously and attempt to infringe upon the legitimate rights and interests of others through litigation, mediation, or other means, the people's court shall reject their request and impose fines or detention based on the severity of the case; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Case 8: Jin's Perjury Case

Promoted value: honesty and law-abiding

Testifying truthfully in litigation, as an obligation that every citizen should fulfill, is an important factor in maintaining normal judicial order and ensuring fairness and impartiality in judicial decisions. False testimony not only seriously affects the fairness of the judgment results and endangers judicial authority, but also directly infringes on the legitimate rights and interests of the parties and damages the construction of social integrity. In this case, Jin intentionally gave false evidence in the lawsuit, seriously violating the principle of honesty and credibility, violating legal obligations, and receiving due criminal sanctions.

【Basic Case】

During the investigation of Hu's suspected intentional injury case by the public security organs, the defendant Jin, as a witness, gave false testimony twice during questioning by investigators, proving that he saw Hu punching Wang twice in the face, resulting in Hu being criminally detained, arrested, and transferred for prosecution. When Jin was questioned by prosecutors, he overturned his previous testimony that he saw Hu beating Wang and admitted that he had given false testimony during the investigation by the public security organs. The People's Court believes that during the criminal litigation process, Jin intentionally provided false evidence with the intention of framing others for circumstances that are important to the case, and his behavior constitutes the crime of perjury. Given that Jin had a good attitude of confession and truthfully confessed his crimes, he was sentenced to six months in prison with a lighter punishment.

【Legal Guidelines】

Criminal Law of the People's Republic of China

Article 305: In criminal proceedings, if a witness, expert witness, recorder, or translator intentionally provides false proof, appraisal, recording, or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Case 9: Gao sued a university in Shanghai for not granting degrees

Promoted Value: Honesty and Compliance

Honesty and credibility are important core values of socialist society and also an excellent moral tradition of the Chinese nation. For everyone, honesty is the foundation of standing. The plaintiff in this case, Gao, as a college student and a future builder of the country, cheated in the exam, which not only violated the principle of integrity, but also violated national laws and regulations and the school's regulations. The school made a decision not to confer a degree on him, which was supported by the people's court in accordance with the law.

【Basic Case】

Gao, an undergraduate student from a university in Shanghai, was given an administrative demerit by the school for cheating in the exam, and the course grades were invalid. The school's degree evaluation committee has therefore decided not to award a bachelor's degree to Gao. Gao refused and filed an administrative lawsuit with the people's court. After trial, the people's court found that Gao's course grades were cancelled due to cheating in the exam, which did not meet the requirements for granting a bachelor's degree. The defendant's school's degree evaluation committee did not grant Gao's degree, which was in accordance with national laws and regulations and the school's regulations. Therefore, the court ruled to dismiss Gao's lawsuit request.

【Legal Guidelines】

Criminal Law of the People's Republic of China

Article 284: Those who organize cheating in national exams prescribed by law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Whoever provides cheating equipment or other assistance for others to commit the crime mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.

Those who illegally sell or provide the exam questions or answers specified in the first paragraph to others for the purpose of cheating in exams shall be punished in accordance with the provisions of the first paragraph.

Those who replace others or allow others to participate in the exams specified in the first paragraph on their behalf shall be sentenced to detention or public surveillance and shall also, or shall only, be fined.

Regulations of the People's Republic of China on Academic Degrees

Article 8: The bachelor's degree shall be conferred by higher education institutions authorized by the State Council; Master's and doctoral degrees are conferred by higher education institutions and scientific research institutions authorized by the State Council.

The list of higher education institutions and scientific research institutions that can confer degrees, as well as the disciplines that can confer degrees, shall be proposed by the Academic Degrees Committee of the State Council and approved for publication by the State Council.

Regulations on the Management of Students in Ordinary Higher Education Institutions

Article 16: If a student seriously violates the assessment discipline or cheats, the assessment results of the course shall be recorded as invalid, and the school shall give criticism, education, and corresponding disciplinary sanctions based on the violation or cheating circumstances. Those who are subject to probation or other disciplinary measures and have performed well in education may be given the opportunity to retake or retake the course before graduation.

Case 10: A dispute over environmental pollution liability between a certain environmental protection federation and an agricultural chemical limited company

Value Promoted: Environmental Public Welfare

The ecological environment is a necessary condition for people to survive and live together. A good ecological environment is the common welfare of the whole society and an important social public interest. Whether in daily life or production and operation, it is not allowed to damage or sacrifice the ecological environment at the cost, otherwise legal responsibility must be borne in accordance with the law. In this case, a certain agricultural chemical limited company and six other defendants discharged industrial waste directly into the river channel for a long time, polluting the water flow and causing serious environmental damage. Environmental protection organizations file environmental public interest lawsuits, and the people's court has ruled in accordance with the law that polluting enterprises shall bear the responsibility for environmental damage.

【Basic Case】

A certain agricultural chemical limited company and six other defendants violated legal regulations by selling hazardous waste such as waste acid generated during its production process at low prices to entities without hazardous waste treatment qualifications, and illegally discharged them into rivers, causing water pollution and serious environmental damage. A certain environmental protection federation has filed an environmental public interest lawsuit, demanding that the six defendants bear corresponding tort liability. On the basis of identifying the facts of the case, the people's court ruled in accordance with the law that the six defendants should pay more than 160 million yuan in corresponding environmental restoration fees and appraisal and evaluation fees, and formulated specific work plans for environmental restoration.

【Legal Guidelines】

Tort Liability Law of the People's Republic of China

Article 65: If damage is caused by environmental pollution, the polluter shall bear the liability for infringement.

Environmental Protection Law of the People's Republic of China

Article 58: Social organizations that meet the following conditions may bring a lawsuit to the people's court for acts that pollute the environment, damage ecology, or harm public interests:

（1） Register with the civil affairs department of the people's government at or above the municipal level in accordance with the law;

（2） Specialized in environmental protection public welfare activities for more than five consecutive years without any illegal records.

If a social organization that meets the provisions of the preceding paragraph brings a lawsuit to the people's court, the people's court shall accept it in accordance with the law.

Social organizations that file lawsuits shall not seek economic benefits through litigation.

Water Pollution Prevention and Control Law of the People's Republic of China

The first paragraph of Article 29 prohibits the discharge of oils, acids, alkalis, or highly toxic waste liquids into water bodies.