Author(s)

Hui Wang, Shanmei Xiong

Corresponding Author

Hui Wang

Abstract

Major misunderstandings have a direct impact on the effectiveness of the exercise of court power and social justice. As the core issue in the system of legal acts and the autonomy of private law, in the actual process of compiling the General Provisions of Civil Law, the major misunderstandings should be treated correctly and the disputes among major misunderstandings should be effectively resolved. In this paper, the connotation of major misunderstandings will be analyzed, and through the typical cases heard by the Supreme People's Court on the "major misunderstanding", the judgment standards for major misunderstandings in the current Civil Code will be drawn forth, and the potential limitations will be explained. Through summary and references, the new standard contents of perfecting the judgment standards of the current major misunderstanding are put forward, so as to promote the perfection of the Civil Code.

Keywords

Civil Code; Major Misunderstanding; Normative Standards