Typical Cases and Legal Application (Criminal Category) 9-- Crimes Against Market Order: Criminal Category

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 decrees; the Supreme People's Court China Applied Law Research Institute has been editing and publishing (People's Court Case Selection) since 1995. 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 published by the Supreme People's Court and its business divisions through other forms, and each case is as typical as possible. For convenience of use, we have summarized the essence of each case and listed it as "Problem Prompt" before the case. All cases are kept real. Cases involving minors, personal privacy, and other content have had some real names withheld.
2. Authoritative Analysis. In addition to (Supreme People's Court Gazette) cases and judgments and decrees 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, and Rules], [Judicial Interpretations], [Inquiries and Replies], [Local Regulatory Documents], and [Judicial Policies]. Among them, replies by the Supreme People's Court to lower courts' inquiries on legal application, judicial documents published by local courts, and research findings by courts at all levels on handling certain types of cases are also unique aspects of this series of books.
4. Detailed and Reasonable Classification. This series of books is divided into separate volumes based on different types of civil, criminal, and administrative cases (causes of action). The first batch of civil series has already been launched, with a total of 43 types, and now the second batch of criminal series is being launched. It should be noted that some cases were rendered before relevant new laws were enacted, so there may be provisions of old laws in the judgments and analyses, 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, we have listed the new legal basis. Please note this when using the series.
During the editing process, many judges of the Supreme People's Court have given enthusiastic help and support, for which we express our sincere gratitude. We sincerely hope that this series of books can contribute to the accumulation, summary, and dissemination of judicial practice experience.