Labor Law Case Studies and Analysis

Author: Lu Jiaoxing / Hong Zhijian, Editors
Publisher:
Publish Date: 2004-09-01
Features: The cases in this series are carefully selected from thousands of cases heard by various courts in recent years. They are not only up-to-date but also representative, fully reflecting the new developments in legal relationships and judicial practice in China's evolving society. The content of the series is beneficial not only for law students studying law but also for general readers seeking to understand legal knowledge and current court approaches to legal issues. The book is divided into 11 chapters, covering 60+ real cases collected from 11 aspects such as the formation of labor contracts, de facto labor relationships, changes in labor contracts, termination of labor contracts and legal liabilities, economic compensation, industrial injury insurance and benefits, social insurance and social security, foreign-related labor disputes, labor discipline and the protection of employers' rights, and the resolution procedures of labor disputes. These cases are analyzed from a legal perspective, with in-depth discussions on points. This book serves as a university case textbook that connects theory with practice, reflecting new judicial dynamics for law students to study legal theories and practical issues.
Civil law countries typically adopt the deductive method in legal education, where teachers start with legal concepts to explain legal principles. In contrast, common law countries use the inductive method, beginning with specific judgments to uncover legal principles. Both approaches have their strengths and weaknesses. China follows the civil law tradition in legal education, where teachers explain legal principles based on fundamental theories in class, and case or example discussions are arranged according to the need for principle elucidation. This teaching method is undoubtedly necessary for law students, especially beginners, as it allows them to systematically grasp legal principles rather than in fragmented ways. Only by systematically understanding legal principles can students accurately grasp the reasoning behind legal provisions and apply the law correctly in practice. However, this teaching method also has limitations, as purely theoretical instruction may leave students with a superficial understanding of legal knowledge, lacking the ability to analyze and solve practical problems.
In recent years, with the deepening of legal education reform in China, teaching methods such as case-based learning and legal clinics, which help develop students' practical skills, have gained increasing attention and are being introduced into various aspects of legal education. The School of Law at Xiamen University has always emphasized the integration of legal theory and judicial practice, requiring students to study both "law in books" and "law in action." In recent years' undergraduate teaching reforms, we have placed great importance on introducing and practicing case-based learning. In addition to increasing the proportion of cases in classroom teaching or offering separate case analysis courses, we have particularly focused on collaboration with judicial departments to fully utilize local judicial resources, organizing judicial internships and research to cultivate students' practical skills.
In 2003, we collaborated with the Xiamen Intermediate People's Court, hiring judges with extensive judicial experience and master's degrees as part-time teachers to independently teach civil case analysis and criminal case analysis courses. Judges used cases they had personally adjudicated, integrating substantive and procedural law, explaining the legal principles and norms involved while teaching legal application methods and judicial skills for handling complex issues. This approach made students feel as if they were witnessing a judicial trial, achieving excellent teaching results. This initiative not only benefits the practical skill development of law students in universities but also promotes the alignment between legal education and judicial examinations. It also has a positive impact on cultivating expert judges.
Guided by the philosophy of collaborative education and making full use of judicial resources to serve legal education and cultivate high-quality, comprehensive law students, the School of Law at Xiamen University has once again collaborated with the Xiamen Intermediate People's Court and jointly organized the writing of this "New Judicial Case Commentaries Series" with the Civil Trial Second Tribunal of the Fujian High People's Court, the Xiamen Maritime Court, the Quanzhou Intermediate People's Court, and the Ningde Intermediate People's Court. This series aims to provide law students with a case textbook that connects theory with practice and reflects new judicial dynamics. The cases in this series are selected from thousands of cases heard by the aforementioned courts in recent years, not only being up-to-date but also representative, fully reflecting the new developments in legal relationships and judicial practice in China's evolving society.
Following the basic approach of combining principle elucidation with problem-solving, we require authors to not only explain the fundamental legal principles relevant to each case but also conduct in-depth theoretical analysis of the difficulties and ambiguities involved. Therefore, this series is beneficial not only for law students studying law but also for general readers seeking to understand legal knowledge and current court approaches to legal issues. Leaders and judges from the Fujian High People's Court, the Xiamen Intermediate People's Court, the Xiamen Maritime Court, the Quanzhou Intermediate People's Court, and the Ningde Intermediate People's Court have enthusiastically supported the writing of this series, and leaders from Xiamen University Press have provided full assistance in its publication. On behalf of the series editorial committee, I extend my heartfelt gratitude to them. Without their support and assistance, we would not have been able to complete this work smoothly.