Author: Zhu Mingshan
Publisher:
Publish Date: 2004-08-01
Features: "Examples support the law, not break it," the guiding significance and reference value of cases in judicial work have always been emphasized by courts at all levels in China. (Supreme People's Court Gazette) Every issue carries cases approved by the Supreme People's Court or discussed by the Supreme People's Court Judicial Committee, requiring courts at all levels to refer to them in judicial work; since 2000, the Supreme People's Court has publicly disclosed judgments and orders; since 1995, the Supreme People's Court China Applied Law Research Institute has edited and published (People's Court Case Selection). After nearly a year of effort, we have launched this series of books. In the editing process, we tried to make the series have the following distinctive features:
1. Typical and Realistic Cases. Most of the selected cases belong to (Supreme People's Court Gazette), cases announced by the Supreme People's Court and its divisions through other forms, and every case is as typical as possible. For convenience, we have summarized the essence of each case and listed it as "Problem Prompt" before the case. All cases are kept real. In cases involving minors, personal privacy, and other content, some real names have been concealed.
2. Authoritative Analysis. In addition to (Supreme People's Court Gazette) cases and judgments and orders announced by the Supreme People's Court, other cases are analyzed by presiding judges or experts on core legal issues, with particular emphasis on explaining hot or difficult issues in professional fields.
3. Comprehensive Legal Documents. The "Legal Application" section is specifically divided into [Laws, Regulations, Rules], [Judicial Interpretations], [Requests and Replies], [Local Regulatory Documents], [Judicial Policies]. Among them, the replies of the Supreme People's Court to lower courts' requests on legal application, judicial documents published by local courts, and research findings of various courts on the trial of certain types of cases are also unique features of this series of books.
4. Detailed and Reasonable Classification. This series of books is divided into separate volumes based on different types (causes of action) of civil, criminal, and administrative cases. Batch has launched 43 civil case books, and now the second batch of criminal case books is launched. It should be noted that some cases were judged before the relevant laws were enacted, so the judgments and analyses may include provisions of old laws, but the legal issues involved are still important, so we have selectively included such cases, with the main purpose of analysis being the legal issues. In the "Legal Application" section, the new legal basis is listed. Please note when using it.
Typical Cases and Legal Application (Criminal Category) 6--Crime of Destroying the Order of Financial Administration: Criminal Category
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