Administrative litigation for administrative penalties

Author: Zhu Mingshan
Publisher:
Publish Date: 2004-09-01
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. The Supreme People's Court Gazette publishes approved cases by the Supreme People's Court or cases discussed and approved by the Supreme People's Court Judicial Committee in each issue, requiring courts at all levels to refer to them in judicial work. Since 2000, the Supreme People's Court has publicly released judicial 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. In the process of editing, we tried to make the series have the following distinctive features:
1. Typical and Realistic Cases. Most of the selected cases belong to those published by the Supreme People's Court Gazette, the Supreme People's Court, and its divisions through other forms. Each 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 cases from the Supreme People's Court Gazette and judicial 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], [Letters of Request 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 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. The first batch introduced 43 civil case books, the second batch introduced 26 criminal case books, and now the third batch introduces administrative case books. It should be noted that some cases were rendered before relevant new laws were enacted, so old legal provisions may appear 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.
During the editing process, many judges of the Supreme People's Court provided enthusiastic help and support, for which we express our sincere gratitude. We sincerely hope this series of books can contribute to the accumulation, summary, and dissemination of judicial practice experience.