On The Judicial Determination Of Continuous Legal Facts

In order to resolve the issue of the time validity of the "Civil Code",on December29,2020,the Supreme People's Court issued the "Several Provisions of the Supreme People's Court on the Application of the Time Validity of the Civil Code of the People's Republic of China",in order to resolve legal issues in judicial practice.The retroactivity and connection application issues provide the basic basis.The "Time Validity Provisions" take the occurrence time of legal facts as the benchmark for judging the application of the law,and the continuous legal facts are difficult to identify in judicial practice.At the same time,there is a certain controversy in legal theoretic circles over whether Article 20 of the Time Validity Provisions" is an exception to the application of continuous legal facts.In view of the absolute guiding role of the "Time Validity Provisions" on the selection and application of new and old laws in judicial practice,it is necessary to clarify whether it contains general provisions and exceptions,so as to clarify whether it is necessary to distinguish different premise and scope when solving the problem of law application.Seven typical cases can be sorted out by retrieving the public judgment documents on the China Judgment Document Network.Through the analysis of the cases,it can be seen that in judicial practice,the determination of continuous legal facts has problems such as misunderstanding the connotation of legal facts,failing to identify the legal facts causing disputes,failing to fully evaluate the constituent elements of legal facts,and failing to reason about the application of the law.In response to these problems,improvements should be made in regulating the identification standards,strengthening the reasoning of judges,and publishing typical cases.