Heng Wang’s Live Broadcast of Guidelines on Several Issues Concerning Trial of Commercial Cases Related to the COVID-19 Epidemic
Wang Jing & GH Law Firm April 12
Although the unblocking of Wuhan on April 8 indicates the initial victory of China’s fight against the COVID-19 epidemic, the National Health Commission of the PRC warned that the epidemic was still spreading and the fight was far from the end. In despite of the active response of the domestic entities to the national call for the resumption of work and production, relevant disputes and conflicts sprang up due to the lack of raw materials and the decrease of orders. In response to the situation, the Guangdong High People's Court issued the Guidelines on Several Issues Concerning Trial of Commercial Cases Related to the COVID-19 Epidemic (hereinafter referred to as the “Guidelines”).
Heng Wang was invited by Wang Jing & GH Law Firm and Yuefa to share her opinion and understanding of the Guidelines in a live broadcast on April 10, which become a full success.
Opinion
Ms.Wang believed that the issuing of the Guidelines was a timely rain for the trial of the Guandong commercial cases related to the COVID-19 epidemic and the proper handling of various commercial disputes. However, although the time of over one month didn’t allow more cases to emerge and be covered in the law, the Guangdong High People’s Court issued the Guidelines and conducted related topic training, which was rarely efficient and responsive.
In despite of the short time of preparation, 18 articles of the Guidelines reach every aspect of the matter, covering commercial disputes over contracts,finance, insurance, credit and securities. The Guidelines not only stipulate the general principles of handling the failure to perform contracts,identification principles of cancellation of contracts, identification principles of change of circumstance, identification principles of force majeure, but they also provide the basis for the specific circumstances such as the relevant contracts and relevant legal relations arising from the disputes related to the epidemic.
In regard to the articles in the Guidelines, they have considered the protection for the legitimate rights and interests of the equal subjects in commercial cases, showing the principle of fairness and justice. Meanwhile, they have also taken the particularity of breach arising from the epidemic into consideration and specifically analyzed specific problems, avoiding being partial to one side and prejudicing another side. The handling methods, values and spirit of law demonstrated in the Guidelines are quite professional.
Understanding
Later,Ms. Wang shared her understanding to the viewers concerning the content of the Guidelines, including the identification of commercial cases related to the COVID-19 epidemic, identification of force majeure in commercial cases related to the COVID-19 epidemic, identification of change of circumstance,identification of general cancellation of contracts, identification principles of specific commercial relations and five aspects of the court’s handling methods for cases in Article 17 and Article 18.
In the live debut of Wang Jing & GH’s mini-program, Heng Wang’s extensive and practical content and professional interpretation considerably reduced the negative effects brought by the epidemic on production and management during the work resumption, receiving great praise.
