Economic Case Civil Volume Supreme People's Court Gazette Case Comment

Author: Wu Hezhen, Chief Editor
Publisher:
Publishing Date: 2004-01-01
Features: Cases published in the Supreme People's Court Gazette have all been reviewed by the Supreme People's Court Judicial Committee, making them not only highly typical but also highly instructive. From a theoretical perspective, these cases are equivalent to "precedents" in China. To facilitate judges, procurators, lawyers, and other legal professionals in accurately referencing and correctly understanding the cases announced by the Supreme People's Court in judicial practice, we have organized the compilation of this series. The series has the following characteristics:
1. The series is divided into three volumes: Criminal, Civil, and State Compensation · Administrative · Enforcement. The Civil volume is further divided into three sub-volumes: General Civil Cases, Economic Cases, and Intellectual Property Cases. Except for the Criminal volume, the cases in the other volumes are selected from all cases published in the Gazette from its inception in 1985 to June 2003. The cases analyzed are arranged in the order they were published in the Gazette.
2. The series preserves the original text and headings of the Gazette cases (including judgments), with no modifications by the annotators. Each case consists of three parts: Case, Annotation, and Relevant Laws, Regulations, and Interpretations (Applicable Legal Basis). The annotators provide systematic and comprehensive reviews of the cases regarding the determination of facts, the admission of evidence, the application of procedures, and the application of law.
3. The annotators of the series are senior judges from higher people's courts, possessing both a solid legal foundation and extensive judicial experience. The Chief Editor of the series is Liu Jiachen, former Vice President of the Supreme People's Court. The Criminal volume is edited by Luo Shuping, Member of the Judicial Committee and Director of the Enforcement Bureau of the Sichuan Higher People's Court. The State Compensation · Administrative · Enforcement volume is edited by Zheng Gang, former Vice President of the Beijing Higher People's Court. The Civil volume is edited by Wu Hezhen, Vice President of the Henan Higher People's Court.
4. Annotating cases published in the Supreme People's Court Gazette is not only challenging but also inevitably involves different scholarly interpretations. However, since these cases have already taken legal effect, differing opinions among annotators regarding the classification of the original judgments or the application of law do not affect the validity of the judgments. The publication of this series not only provides an important reference for judges, procurators, lawyers, and other legal professionals in judicial practice but also serves as a valuable resource for legal theory research and teaching and research activities in law schools. It is also an ideal textbook for systematically popularizing legal knowledge in practice.