Civil Procedure Law Essentials and Reference Guide

Author: Tang Li
Publisher:
Publish Date: 2005-01-01
Features: Considering the breadth of coverage and the key and challenging issues in judicial practice, this series is the first to select eighteen commonly used legal categories, each written as a separate book. The series organizes the arguments for each legal category into 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 appear 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 specific legal category can be categorized under these "points." The content of the questions is also not written in the lengthy style of academic monographs or papers, but rather in the form of expert opinions, concisely explaining legal principles and highlighting key issues to be noted in judicial practice.
The "Basis Guidance" section lists as comprehensively as possible the specific legal bases related to the questions. In China, legal bases are multi-tiered, 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 understanding and handling of many practical issues 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, and also includes the specific provisions applicable to each essential question (for some longer questions that require referencing the full text of the basis or involve uncommon specialized issues, to save space, we have only noted the basis name, publication date, and issuing department, omitting the specific provision content. Readers can find this information in the relevant questions later or in other legal compendiums).
With the clear framework of the essential questions, the authoritative expert opinions on legal principles, and the detailed and specific legal bases, the series forms 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 for them.
It should be noted that due to the wide range of legal categories covered in this series, the workload of writing was substantial. The authors involved come from various sectors, including judicial practice, teaching, and research, belonging to different industries and professions. Although we have strived for uniformity in the writing style, there are noticeable differences in language and expression among the different books in the series. Additionally, the cut-off 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 valuable feedback in a timely manner to allow for revisions and corrections in the event of a second edition.