Essentials of the Guarantee Law and Reference Guide

Author: Sun Peng, Editor-in-Chief
Publisher:
Publishing Date: 2005-01-01
Features: Considering the breadth of coverage and the key and challenging issues in judicial practice, this series of books has selected eighteen commonly used legal categories and compiled them individually. Each book in the series presents issues under each legal category in two parts: "Essentials" and "Basis Guidance." The "Essentials" section includes questions (main purposes of provisions) set according to current legal documents and other difficult issues summarized from judicial practice. On the surface, these questions may not seem as targeted as those in Q&A or case-based formats, and some even resemble dry terms. However, these questions are precisely the "points" of each legal category, as any issue in a particular legal category in practice can be categorized under these "points." The content of these questions is not written in the lengthy style of academic monographs or papers but is presented in the form of expert opinions, concisely explaining legal principles and highlighting key considerations in judicial practice.
The "Basis Guidance" section provides as comprehensive a list as possible of the specific legal bases related to each question. In China, legal bases are multi-tiered, including laws enacted by the National People's Congress and its Standing Committee, administrative regulations, departmental rules, and normative documents passed by the State Council and its departments, as well as judicial interpretations issued by the Supreme People's Court and the Supreme People's Procuratorate. Among these bases, laws naturally have the highest authority. However, some legal provisions are relatively general, and the interpretation and handling of many practical issues require supplementary references from administrative and judicial departments. Therefore, the "Basis Guidance" section clearly lists the names, publication dates, and issuing departments of all relevant bases, along with the specific provisions applicable to each essential question. (For some longer questions that require referencing the full text of a basis or involve uncommon specialized issues, to save space, we have only noted the names, publication dates, and issuing departments of the bases, omitting the specific provisions. Readers can find them in the relevant questions later or in other legal compendiums.)
With the clear framework of the essential questions, authoritative expert opinions on legal principles, and detailed, specific legal bases, the series has formed a complete and coherent structure for each legal category. We believe that this innovative format for legal books can largely meet the practical needs of legal professionals and serve as a convenient and useful reference.
It should be noted that due to the wide range of legal categories covered in this series, the workload of compilation was substantial. The authors involved came from various sectors, including judicial practice, teaching, and research, belonging to different industries and specialties. Although we have strived for uniformity in the compilation format, there are noticeable differences in language style and expression among the different books. Additionally, the cutoff date for the materials used in this series is November 2004. We hope that experts and legal practitioners will provide us with timely and valuable feedback on the issues mentioned above so that they can be revised and corrected in the event of a second edition.