Execution of Legal Essentials and Basis Guidance

Author: Huang Xuan (Editor)
Publisher:
Publish Date: 2005-01-01
Features: The content of the manuscript reveals that the compilers of this series have approached it from the perspective of readers' needs and have put in significant effort. Although there are still shortcomings in aspects such as "Essential Topics," "Expert Opinions," and "Basis Guidance," this newly formatted legal book series provides a basic framework for legal professionals to quickly find relevant materials, truly serving as a reliable assistant. Considering the breadth of coverage and the key and challenging issues in judicial practice, this book series has selected eighteen commonly used legal categories for separate book compilation. Each volume in the series organizes the issues under each legal category into two parts: "Essential Topics" and "Basis Guidance." The "Essential Topics" are questions (main purposes of provisions) set according to current legal documents, as well as other difficult and complex issues encountered in judicial practice. On the surface, these topics may not appear as targeted as question-and-answer or case-based questions, and some may even resemble dry terms. However, these topics are actually the "points" of each legal category, and any issue in a specific legal category in practice can be categorized under these "points." The writing of the topics is not as lengthy as 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 lists as comprehensively as possible the specific legal bases related to the topics. In China, legal bases are multi-layered, including laws passed by the National People's Congress and its Standing Committee, administrative regulations, departmental rules, and normative documents issued 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 specific issues in practice require supplementary references from administrative and judicial departments. Therefore, the "Basis Guidance" section clearly identifies the names, publication dates, and issuing departments of all the above bases, along with the specific provisions applicable to each essential topic (for some larger topics, or those involving uncommon professional issues that require referencing the full text of the basis, space constraints prevent full inclusion, and readers are advised to consult the specific topics later or other legal compendiums). With the clear framework of "Essential Topics," authoritative expert opinions on legal principles, and detailed, specific legal bases, the complete format of each legal category in the series is formed. We believe that this innovative format for legal books can largely meet the practical needs of legal professionals and will serve as a convenient and practical assistant. It should be noted that due to the wide range of legal categories covered by this book 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 professions. Although we strive 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 readers engaged in legal practice will provide us with timely and valuable feedback to address the issues mentioned above, so that they can be revised and corrected in future editions.