Case Concerning Procuratorial Protest over Civil Lending Dispute of X Construction Company vs. Huang X Ping, Zhang X Biao
(SPP Guiding Case No. 224)
Key words
Supervision of final civil judgments; Private lending; Guarantee period; Termination of guarantee liability; Comprehensive examination
Summary
In handling cases involving the supervision of guarantee contract disputes, the people's procuratorates shall examine whether the people's courts have ascertained the basic facts of the case in accordance with the law, including whether the guarantee period has expired. Where a people's court fails to ascertain the basic facts of the case and such failure results in a manifestly erroneous judgment, the people's procuratorate shall investigate and verify the relevant facts and exercise supervision in accordance with the law.
Relevant provisions
Article 26 of the Guarantee Law of the People's Republic of China (applicable to this case, now Article 692 of the Civil Code of the People's Republic of China)
Article 34 of the Interpretation of the Supreme People's Court on the Application of the Relevant Guarantee Regimes of the Civil Code of the People's Republic of China
Articles 207, 215, and 216 of the Civil Procedure Law of the People's Republic of China (Rev. 2021, applicable to this case, now Articles 211, 219, 220 in the Rev. 2023)
Articles 78 and 90 of the Rules on the Supervision of Civil Proceedings by People's Procuratorates
