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. Every issue of the Supreme People's Court Gazette publishes cases approved by the Supreme People's Court or discussed by its Judicial Committee, requiring courts at all levels to refer to them in their judicial work. Since 2000, the Supreme People's Court has publicly released judgment documents. The China Application Law Research Institute of the Supreme People's Court has been editing and publishing Selected Cases of People's Courts since 1992. After nearly a year of effort, we have launched this series of books. During the editing process, we tried to make the series have the following distinct features:
1. Typical and Realistic Cases. Most of the selected cases are from the Supreme People's Court Gazette, cases published by the Supreme People's Court and its divisions through other forms. 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 authentic. In cases involving minors, personal privacy, and other content, some real names have been concealed.
2. Authoritative Analysis. In addition to the cases from the Supreme People's Court Gazette and judgment documents released 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], and [Judicial Policies]. The replies of the Supreme People's Court to lower courts' requests 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 relatively unique features of this series.
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. We have already launched 43 civil case books and are now releasing the second batch of criminal case books. It should be noted that some cases were rendered before relevant new laws were enacted, so there may be references to old laws in the judgments and analyses. However, the legal issues involved remain important, so we have selectively included such cases, with the primary purpose of analyzing legal issues in the analysis. In the "Legal Application" section, we list the new legal basis. Please note this when using the books.
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