Carry forward the core values of socialism
Ensure the uniform and correct implementation of the Civil Code
The Supreme People's Court promulgated
The General Provisions of the Civil Code are part of the Judicial Interpretation
In order to guide the people's courts at all levels to implement the Civil Code well, give full play to the role of the General Provisions in the Civil Code, protect the legitimate rights and interests of civil subjects in accordance with the law, and vigorously carry forward the core socialist values, the Supreme People's Court has formulated the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Civil Code of the People's Republic of China (hereinafter referred to as the Judicial Interpretation of the General Provisions), which was adopted by the 1861st plenary session of the Adjudication Committee of the People's Court, officially released to the public today, and came into force on March 1, 2022.
The Judicial Interpretation of the General Provisions is an important normative document for the people's courts to deeply study and implement Xi Jinping Thought on the Rule of Law, adhere to the people-centered approach, earnestly implement the Civil Code, and protect the life and health, property safety, transaction convenience, happiness of life, and personal dignity of the broad masses of the people in accordance with the law. The promulgation and implementation of this judicial interpretation is of great and practical significance to the Supreme People's Court's guidance to people's courts at all levels to correctly hear relevant cases, unify adjudication standards, ensure the uniform and correct implementation of the Civil Code, and achieve high-quality justice.
The drafting of the judicial interpretations of the General Provisions began with the comprehensive clean-up of judicial interpretations carried out in June 2020, which sorted out the provisions of judicial interpretations such as the Opinions on the General Principles of Civil Law, the Interpretation I of the Contract Law, and the Interpretation ii of the Contract Law. During the drafting process, more than 20 research and demonstration meetings were held successively, the opinions of various higher people's courts, relevant central units and the Civil Law Research Society of the China Law Society were systematically solicited, and the opinions of the Legislative Affairs Commission of the Standing Committee of the National People's Congress were solicited in writing three times, and effective guidance and assistance were obtained.
The drafting of the judicial interpretation of the General Provisions strictly follows the requirements of the Provisions of the Supreme People's Court on the Work of Judicial Interpretation, always adheres to the extensive listening to opinions, and ensures that the content of the provisions is as widely as possible to gather consensus and withstand the test. The first is to closely follow the original intention of the legislation. Fully respect and fully adopt the opinions of the Legislative Affairs Commission of the Standing Committee of the National People's Congress. The second is to highlight the orientation of strong foundation and practice orientation. Five of the seven court system seminars were held in middle and basic level people's courts, hearing the opinions of more than 200 front-line trial experts. The third is to pay attention to absorbing academic achievements. The four expert demonstration meetings covered representatives of three generations of civil law scholars, including old, middle-aged and young people, and more than 200 people participated in the demonstration. Relevant experts from the Law School of Chinese Min University, the Institute of Law of the Chinese Academy of Social Sciences, the Law School of Tsinghua University, and the School of Civil and Commercial Economics and Law of China University of Political Science and Law are invited to participate in the drafting and demonstration work and provide advice.
The drafting of the General Provisions and the Compilation of Judicial Interpretations is mainly aimed at resolving three aspects. The first is to ensure the orderly connection between the Civil Code and the old law. After the implementation of the Civil Code, laws such as the General Principles of the Civil Law, the General Provisions of the Civil Law, and the Contract Law were abolished, and the Supreme People's Court accordingly repealed judicial interpretations such as the Opinions on the General Principles of the Civil Law, the Interpretation I of the Contract Law, and the Interpretation of the Contract Law II. However, many provisions of these judicial interpretations are still consistent with the Civil Code, which still have important guiding value in trial practice, and it is necessary to retain and sort out and integrate them, so as to avoid gaps in the application of laws and affecting the implementation of the Civil Code. The second is to systematically sort out the experience and wisdom accumulated by the people's courts in long-term judicial practice. The Civil Code adopts a codified legislative technique, and most of the provisions are the continuation of the original law. The people's courts have accumulated a lot of effective experience in applying these legal provisions to handle civil disputes, and it is necessary to incorporate them together to better achieve the purpose of unifying the adjudication scales. For example, with regard to the specific application of apparent representation, the Guiding Opinions on Several Issues Concerning the Trial of Civil and Commercial Contract Dispute Cases under the Current Situation issued by the Supreme People's Court in 2009 have made detailed provisions, which have been tested by trial practice for more than ten years and need to be incorporated into the interpretation of the General Provisions of the Civil Code. Based on the same considerations, the spirit of some provisions in the Minutes of the National Court Work Conference on Civil and Commercial Trials has also been absorbed into this judicial interpretation. The third is to respond to the specific legal application issues that need to be clarified after the implementation of the General Provisions of the Civil Law. The vast majority of the provisions of the General Provisions of the Civil Code are derived from the General Provisions of the Civil Code and have been in force for more than four years. In the meantime, the people's courts have accumulated rich trial experience, and have also discovered some specific legal application issues that urgently need to be uniformly regulated. In particular, the General Provisions of the Civil Code condense the rules of universal applicability and guidance in the civil legal system, and embody the characteristics and laws of the "general" in the rigorous logic system of the Civil Code, which requires the people's courts at all levels to firmly establish systematic thinking and accurately grasp the logical relationship between the General Provisions of the Civil Code and the sub-parts, the Civil Code and other civil and commercial laws, basic principles and specific provisions. The purpose of the above three aspects is, in the final analysis, to unify the adjudication standards of civil cases, better implement the civil code, and maintain the authority of the civil code.
There are 39 judicial interpretations in the General Provisions, which are divided into 9 parts: general provisions, civil rights capacity and civil conduct capacity, guardianship, declaration of disappearance and declaration of death, civil juristic acts, agency, civil liability, limitation of actions and supplementary provisions. There are three main features:
The first is to vigorously carry forward the core values of socialism in concept. By refining the customary applicable rules, guardianship system, civil juristic acts, civil liability, statute of limitations and other institutional rules, the core socialist values are carried through through, highlighting the value orientation of the Civil Code emphasizing fairness and justice and advocating honesty and trustworthiness. In particular, it has refined the institutional rules of legitimate defense, emergency avoidance of danger, and courageous action in the face of righteousness, and further clarified its attitude on such issues as "not supporting or not supporting," "persuading or dissuading," "pursuing without chasing," "saving or not saving," "not doing anything," and "not doing anything about it," resolutely preventing "peace and mud," and giving the judiciary strength, right and wrong, and temperature, and letting the masses have warmth, observance, and guarantees.
Second, the content highlights the protection of rights. Implement the people-centered development thinking, put the protection of the rights of natural persons in a central position, and make systematic provisions from the aspects of protecting the interests of minors and fetuses, standardizing the exercise of rights, and balancing the interests of missing persons and interested parties, reflecting the judicial position of the supremacy of the people.
The third is to formally reflect the small but fine drafting ideas. Always adhere to the principle of being problem-oriented, taking the needs of trial enforcement as the starting point, and accurately understanding and applying the Civil Code as the principle, not pursuing a large and complete system, not pursuing a package solution to all problems, but focusing on the issues that need to be solved urgently in the application of the General Provisions, have a relatively rich practical foundation, and can gather consensus to the greatest extent possible to clarify the corresponding rules for the application of law.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Provisions of the Civil Code of the People's Republic of China was adopted by the 1861st meeting of the Adjudication Committee of the Supreme People's Court on December 30, 2021, and is hereby promulgated and shall come into force on March 1, 2022.
Supreme People's Court
February 24, 2022
Legal Interpretation [2022] No. 6
Application of the Civil Code of the People's Republic of China
The General Provisions are part of a number of issues
(Adopted at the 1861st meeting of the Adjudication Committee of the Supreme People's Court on December 30, 2021,
Effective as of March 1, 2022)
This Interpretation is formulated on the basis of the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other relevant laws and regulations, combined with trial practice, so as to correctly try civil cases, protect the lawful rights and interests of civil subjects in accordance with law, and maintain social and economic order.
1. General Provisions
Article 1 Where Parts II to 7 of the Civil Code provide for civil relations, the people's courts shall directly apply those provisions; where there are no provisions in Titles 2 to 7 of the Civil Code, the provisions of Part 1 of the Civil Code shall apply, except where they cannot be applied according to their nature.
In the case of the same civil relationship, if the provisions of other civil laws belong to the refinement of the corresponding provisions of the Civil Code, the provisions of that civil law shall apply. Where the Civil Code provides for the application of other laws, the provisions of that law shall apply.
Where the Civil Code and other laws do not have specific provisions on civil relations, the provisions of the Civil Code on basic principles may be followed.
Article 2: Folk customs and common practices that are commonly observed when engaging in civil activities for ordinary people for a long time within a certain region or industry may be identified as customs provided for in Article 10 of the Civil Code.
Where parties claim the application of customs, they shall provide corresponding evidence on the customs and their specific contents; when necessary, the people's courts may ascertain them ex officio.
The application of customs must not violate the core socialist values, and must not violate public order and good customs.
Article 3: For the abuse of civil rights as referred to in Article 132 of the Civil Code, the people's courts may make a determination based on factors such as the object, purpose, time, and method of exercising the rights, and the extent to which the interests of the parties are caused by the imbalance of interests between the parties.
Where the perpetrator exercises civil rights with the primary purpose of harming the interests of the state, the societal public interest, or the lawful rights and interests of others, the people's court shall determine that this constitutes an abuse of civil rights.
Where abuse of civil rights is constituted, the people's court shall determine that the abusive act does not have corresponding legal effect. Where abuse of civil rights causes harm, it shall be handled in accordance with the relevant provisions of Title VII of the Civil Code and other relevant provisions.
2. Capacity for civil rights and capacity for civil conduct
Article 4: Where the protection of fetal interests such as inheritance or acceptance of gifts involves the protection of fetal interests, and parents claim corresponding rights as legally-designated representatives before the fetus is delivered, the people's courts shall support them in accordance with law.
Article 5: Whether a civil juristic act carried out by a person with limited capacity for civil conduct is appropriate to his or her age, intelligence, or mental health status, the people's court may determine from such aspects as the degree to which the conduct is related to his or her life, whether his or her intellectual or mental health status can understand his or her conduct and foresee the corresponding consequences, and the subject matter, quantity, price, or remuneration.
3. Guardianship
Article 6: People's courts determining a natural person's guardianship capacity shall be determined on the basis of factors such as their age, physical and mental health, and economic conditions; the determination of relevant organizations' guardianship capacity shall be determined on the basis of factors such as their qualifications, credit, and property status.
Article 7: Where the ward's parents who serve as guardians appoint guardians through a will, and the person designated does not agree to serve as guardians when the will takes effect, the people's courts shall apply the provisions of Articles 27 and 28 of the Civil Code to determine the guardians.
Where a minor is guardian by his or her parents, and one of the parents appoints a guardian through a will, and the other party has guardianship capacity when the will takes effect, and the relevant parties have a dispute over the determination of the guardian, the people's court shall apply the provisions of the first paragraph of Article 27 of the Civil Code to determine the guardian.
Article 8: Where minors' parents conclude agreements with other persons with guardianship qualifications in accordance with law, agreeing to exempt parents with guardianship capacity from guardianship duties, the people's courts will not support them. Where the agreement stipulates that when a minor's parents lose their ability to take custody, the person with guardianship qualifications shall serve as the guardian, the people's court shall support it in accordance with law.
Where, in accordance with the provisions of Article 30 of the Civil Code, it is agreed that persons of different orders as provided for in Paragraph 2 of Article 27 and Article 28 of the Civil Code shall jointly serve as guardians, or where persons in the later order shall serve as guardians, the people's courts shall support them in accordance with law.
Article 9: When people's courts appoint guardians in accordance with the provisions of the second paragraph of article 31 and the first paragraph of article 36 of the Civil Code, they shall respect the true wishes of the ward, and appoint them in accordance with the principle of the ward being the most beneficial, with specific reference to the following factors:
(1) The degree of closeness of the life and emotional connection with the ward;
(2) The guardianship order of persons with guardianship qualifications in accordance with law;
(3) Whether there are circumstances such as violations or crimes that are not conducive to the performance of guardianship duties;
(4) Guardianship capacity, willingness, conduct, and so forth of persons with guardianship qualifications in accordance with law.
The guardian appointed by the people's court in accordance with law shall generally be one person, and where several people jointly serving as guardians is more conducive to protecting the interests of the wards, it may also be several people.
Article 10: Where a party concerned is dissatisfied with the designation of a residents' committee, villagers' committee, or civil affairs department, and applies to the people's court for the appointment of a guardian within 30 days of receiving the notice of designation, the people's court, after trial, finds that the designation is not improper, and rules to reject the application in accordance with law;
Where the relevant parties submit an application after 30 days from the date of receipt of the notice of designation, the people's court shall handle it in accordance with the change of guardianship relationship.
Article 11: Where an adult with full capacity for civil conduct concludes a written agreement with another person in accordance with the provisions of Article 33 of the Civil Code to determine his or her guardian in advance, and either party to the agreement requests to terminate the agreement before the adult loses or partially loses the capacity for civil conduct, the people's court supports it in accordance with law. Where, after the adult has lost or partially lost his or her capacity for civil conduct, the guardian determined in the agreement requests to terminate the agreement without a legitimate reason, the people's court will not support it.
After the adult loses or partially loses his or her capacity for civil conduct, the guardian determined by the agreement has one of the circumstances provided for in the first paragraph of Article 36 of the Civil Code, and the relevant individual or organization provided for in the second paragraph of that article applies for the revocation of his guardianship qualifications, the people's court shall support it in accordance with law.
Article 12: Where a dispute arises between guardians and other persons with guardianship qualifications in accordance with law over whether the guardian has circumstances provided for in items 2 and 4 of the first paragraph of Article 39 of the Civil Code that shall terminate the guardianship relationship, and an application is made to change the guardianship, the people's court shall accept it in accordance with law. Where after trial it is found that the reasons are established, the people's courts support them in accordance with law.
Where a lawfully designated guardian agrees to change a guardian with other persons with guardianship qualifications, the people's court shall respect the ward's true wishes and make a judgment in accordance with the principle of the ward's best interest.
Article 13: Where guardians are unable to fully perform guardianship duties within a certain period of time due to illness, going out to work, or other such reasons, and entrust all or part of guardianship duties to others, and the parties claim that the trustee therefore becomes a guardian, the people's court will not support it.
4. Declaration of disappearance and declaration of death
Article 14: When people's courts hear cases of declaration of disappearance, the following persons shall be identified as interested parties provided for in Article 40 of the Civil Code:
(1) Close relatives of the respondent;
(2) Relatives who have the right to inherit from the respondent in accordance with articles 1128 and 1129 of the Civil Code;
(3) Creditors, debtors, partners, and other civil entities that have a civil rights and obligation relationship with the respondent, except where failure to apply for a declaration of disappearance does not affect the exercise of their rights and the performance of their obligations.
Article 15: Where the custodian of the property of a missing person requests repayment of the debt from the debtor of the missing person, the people's court shall list the custodian of the property as the plaintiff.
Where a creditor initiates a lawsuit requesting the custodian of the missing person's property to pay the debts and other expenses owed by the missing person, the people's court shall list the property custodian as the defendant. Where, after trial, it is found that the creditor's litigation claim is established, the people's court shall order the custodian of the property to pay the debts and other expenses owed by the missing person from the property of the missing person.
Article 16: When a people's court hears a case of declaration of death, the spouse, parents, and children of the respondent, as well as relatives who have the right to inherit from the respondent in accordance with article 1129 of the Civil Code, shall be identified as interested parties provided for in Article 46 of the Civil Code.
In any of the following circumstances, the other close relatives of the respondent, as well as relatives who have the right to inherit from the respondent in accordance with article 1128 of the Civil Code, shall be identified as interested parties provided for in Article 46 of the Civil Code:
(1) The respondent's spouse, parents, or children are all dead or their whereabouts are unknown;
(2) Failure to apply for a declaration of death does not protect their corresponding lawful rights and interests.
The creditors, debtors, partners and other civil entities of the respondent cannot be identified as interested parties as provided for in Article 46 of the Civil Code, except where the corresponding lawful rights and interests cannot be protected without applying for a declaration of death.
Article 17 Where the whereabouts of natural persons are unknown during the war, the period during which an interested person applies for a declaration of death shall be governed by the provisions of paragraph 1 of Article 46 of the Civil Code, calculated from the date of the end of the war or the date on which the whereabouts are unknown as determined by the relevant organs.
5. Civil juristic acts
Article 18: Where a party has not adopted written or oral form, but the act itself indicates that a corresponding expression of intent has been made and meets the requirements for the establishment of a civil juristic act, the people's court may determine that it is a civil juristic act carried out in other forms as provided for in Article 135 of the Civil Code.
Article 19: Where the actor has a misunderstanding of the nature of the act, the variety, quality, specification, price, quantity, etc. of the other party or the subject matter, and according to the usual understanding, if the wrong understanding does not occur, the actor will not make a corresponding expression of intent, the people's court may determine that it is a major misunderstanding provided for in Article 147 of the Civil Code.
Where the actor can prove that there was a major misunderstanding when carrying out a civil juristic act and requests revocation of the civil juristic act, the people's court supports it in accordance with law; however, except where it is determined that the actor has no right to request revocation based on trading habits, etc., except where it is determined that the actor has no right to request revocation.
Article 20: Where an actor requests revocation of a civil juristic act on the grounds that there is an error in the transmission of his intention by a third party, the provisions of article 19 of this Interpretation apply.
Article 21: Where a person with the obligation to inform deliberately conceals the true circumstances, causing the parties to express their intentions based on their erroneous understanding, the people's courts may determine fraud as provided for in Articles 148 and 149 of the Civil Code.
Article 22: Where the threat is to cause harm to the personal rights, property rights, and other lawful rights and interests of natural persons and their close relatives, or to cause damage to the reputation, honor, property rights and interests of legal persons or unincorporated organizations, forcing them to express their intentions based on fear, the people's courts may find that it is coercion provided for in article 150 of the Civil Code.
Article 23: Where a civil juristic act is not established, and the parties request the return of property, discount compensation or compensation for losses, the provisions of Article 157 of the Civil Code shall be applied with reference.
Article 24: Where the conditions attached to a civil juristic act are unlikely to occur, and the parties agree that the conditions for taking effect are the conditions for entry into force, the people's court shall determine that the civil juristic act is not effective; where the parties agree that the conditions for rescission are not, it shall be determined that the conditions are not attached, and whether the civil juristic act is invalid is to be determined in accordance with the provisions of the Civil Code and relevant laws and administrative regulations.
6. Agent
Article 25: Where several entrusted agents jointly exercise the power of agency, and one or more of them exercises the power of agency without consulting with other entrusted agents, it shall be handled in accordance with articles 171, 172 and other provisions of the Civil Code.
Article 26: Due to emergency illness, interruption of communications, epidemic prevention and control, or other special reasons, the entrusting agent himself is unable to handle agency matters, and he or she cannot contact the principal in a timely manner, and if he does not promptly entrust a third party to act as an agent, it will cause losses or expand losses to the interests of the principal, the people's court shall determine that it is an emergency situation provided for in Article 169 of the Civil Code.
Article 27: Where the act of act of acting without authority is not retroactively recognized, and the counterpart requests the actor to perform a debt or compensate for losses, the actor is to bear the burden of proof as long as the counterpart knows or should have known that the actor has no right to act as an agent. Where the perpetrator cannot prove it, the people's court supports the corresponding litigation claim of the counterpart in accordance with law; where the actor can prove it, the people's court shall determine the responsibility of the actor and the counterpart in accordance with their respective faults.
Article 28: Where the following conditions are met at the same time, the people's court may determine that the counterparty provided for in Article 172 of the Civil Code has reason to believe that the actor has the right to act as an agent:
(1) the appearance of the existence of the right of agency;
(2) The counterparty does not have the right of agency when it is not known to the perpetrator of the act, and there is no fault.
Where a dispute arises as to whether it constitutes an apparent agent, the counterparty shall bear the burden of proof for not having the authority to act as an agent meets the conditions provided for in item 1 of the preceding paragraph; the principal shall bear the burden of proof that the counterparty does not meet the conditions provided for in item 2 of the preceding paragraph.
Article 29: Where a legally-designated representative or principal makes a retroactive expression of intent to a counterparty in accordance with the provisions of Articles 145 and 171 of the Civil Code, the people's court shall confirm the effective time of their retroactive expression of intent in accordance with the provisions of Article 137 of the Civil Code.
7. Civil Liability
Article 30: In order to protect the interests of the State, the societal public interest, the personal rights, property rights, and other lawful rights and interests of oneself or others from ongoing unlawful infringement, an act taken against a person who commits an infringing act to stop unlawful infringement shall be deemed to be legitimate defense provided for in Article 181 of the Civil Code.
Article 31: People's courts shall make a judgment on whether legitimate defense exceeds the necessary limits, based on factors such as the nature, means, intensity, and degree of harm of the unlawful infringement, as well as the timing, means, intensity, and consequences of the damage.
After trial, if the legitimate defense does not exceed the necessary limit, the people's court shall determine that the legitimate defender is not liable. Where legitimate defense exceeds the necessary limits, the people's court shall find that the legitimate defender bears part of the responsibility within the scope of causing undue harm; Where the person who committed the infringing act requests the legitimate defender to bear full responsibility, the people's court will not support it.
Where the person who commits the infringing act cannot prove that the defensive act caused undue harm, and claims excessive defense solely on the grounds that the method and intensity of the counterattack adopted by the legitimate defender is not commensurate with the unlawful infringement, the people's court will not support it.
Article 32: Where emergency measures are taken as a last resort in order to protect the interests of the State, the societal public interest, the personal rights, property rights, and other lawful rights and interests of oneself or others from the imminent danger that is occurring, it shall be found to be emergency avoidance provided for in Article 182 of the Civil Code.
Article 33: The people's court shall make a judgment on whether the measures taken to avoid danger are improper or exceed the necessary limits, and other factors such as the nature of the danger, the degree of urgency, the rights and interests protected by the risk avoidance act, and the consequences of the damage caused.
After trial, if the measures taken to avoid danger are not improper and do not exceed the necessary limits, the people's court shall determine that the emergency avoidance person is not liable. Where measures for emergency avoidance measures are improper or exceed the necessary limits, the people's court shall determine that the emergency avoidant bears corresponding liability within the scope of the undue damage caused on the basis of factors such as the degree of fault of the emergency avoidant, the magnitude of the causative force of the undue damage caused by the emergency avoidance measure, and whether the emergency avoidant is a beneficiary.
Article 34: Where the victim requests appropriate compensation from the beneficiary in accordance with the provisions of Article 183 of the Civil Code as a result of protecting the civil rights and interests of others, the people's court may determine the amount of compensation borne by the beneficiary on the basis of factors such as the losses suffered by the victim and the compensation already received, the amount of benefits benefited by the beneficiaries and their economic conditions.
8. Limitation of Actions
Article 35 During the three-year limitation period provided for in the first paragraph of Article 188 of the Civil Code, the provisions of the Civil Code on the suspension or interruption of the limitation period may be applied, and the provisions on extension shall not apply. The provisions of suspension or suspension shall not apply during the twenty-year period provided for in paragraph 2 of the article.
Article 36: Where the rights of a person without capacity for civil conduct or a person with limited capacity for civil conduct are harmed, the limitation period for litigation is calculated from the date on which his legally-designated representative knows or should have known that his rights have been harmed and the obligor, except as otherwise provided by law.
Article 37: Where the rights of a person without capacity for civil conduct or a person with limited capacity for civil conduct are harmed by the original legally-designated representative, and after obtaining or restoring full capacity for civil conduct or after the original legally-designated representative is terminated and a new legally-designated representative is determined, the corresponding civil subject knows or should have known that the rights have been damaged, the calculation of the limitation period for litigation for the right to claim shall apply to the provisions of paragraph 2 of Article 188 of the Civil Code and Article 36 of this Interpretation.
Article 38: After the limitation period for litigation is interrupted in accordance with the provisions of Article 195 of the Civil Code, if the cause of interruption provided for in Article 195 reappears during the new limitation period, it may be found that the limitation period for litigation is interrupted again.
Where a right holder submits a request for performance to the obligor's agent, property custodian, estate administrator, etc., it may be found to be an interruption of the limitation period provided for in Article 195 of the Civil Code.
9. Supplementary Provisions
Article 39: This Interpretation takes effect on March 1, 2022.
In civil cases arising from legal facts after the implementation of the Civil Code, and this Interpretation has not yet been finalized after the implementation of this Interpretation, this Interpretation shall apply; where the parties apply for a retrial or decide to retrial in accordance with trial supervision procedures before the implementation of this Interpretation, this Interpretation shall not apply.
Source: China Law Popularization WeChat public account
Review: Huang Zhijun
Editor: Wu Yuting