Civil and Administrative Litigation Law Cases

Author: Li Honglei
Publisher:
Publish Date: 2004-12-01
Features: By reading this book, you will gain the following benefits:
- Maintaining the integrity and systematic nature of the discipline while grasping key, difficult, and exam-relevant points;
- Selecting typical and challenging cases to strengthen the integration of theory and practice;
- Providing accurate and scientific analysis, targeting contentious issues and revealing their value;
- Offering comprehensive and insightful annotations to inspire critical thinking and enhance legal analytical skills;
- Clarifying preparation needs and meeting exam requirements, thereby fostering legal professional qualities.
Law is a practical discipline, and one of its key characteristics is that legal research must operate within the established legal framework of a country, focusing on the legitimate resolution of various cases occurring in real life. Legal research that completely deviates from the existing legal norms and real cases is not strictly speaking "jurisprudence" or "legal hermeneutics," but rather the application of other disciplines such as philosophy, economics, or sociology in the legal field. Of course, this does not mean that the latter is without value; on the contrary, it plays a crucial role in the construction of legal rules, especially in societies undergoing social and legal transformation. However, if we acknowledge that law is a relatively independent discipline, that legal thinkers possess inherent characteristics, and that the resolution of legal practice issues cannot transcend established legal norms (including both codified and uncodified norms), then the study of jurisprudence is indispensable and inevitably constitutes the mainstream of legal research.
Administrative law governs the relationship between state administrative power and private rights. Modern states are often referred to as "administrative states," and the vast domains to which state administrative power has expanded are vividly and accurately summarized as "from cradle to grave." Even since the 1980s, when "regulatory relaxation" reforms were implemented globally, this scenario has not fundamentally changed. The close connection between administrative power and private life, combined with the constitutional and rule-of-law principles that require legal norms to regulate administrative power, has as one consequence the constant emergence of cases involving administrative law in real life. These cases serve as a bridge connecting administrative legal norms (including rules and principles) to reality.
As a case textbook in administrative law, this book aims to guide beginners in administrative law to analyze various administrative law phenomena in real society from a legal perspective. To achieve this goal, the writing of this book adheres to the following principles:
First, all cases are drawn from real-life situations rather than being purely fictional. The book accurately describes case facts and court judgments to reflect the practicality and relevance of the issues analyzed, forming an effective dialogue with court rulings. However, to ensure brevity and completeness, some case facts have been selectively trimmed to highlight their legal significance.
Second, case analysis is based on currently effective legal norms. The resolution of legal issues must occur within the framework of established legal norms, not purely from an idealized legal perspective that merely criticizes existing norms (even if they are indeed unreasonable). Of course, this does not mean mechanically applying legal norms to cases. Because determining which legal principles and rules should apply to a specific case, how to choose when legal norms conflict, and how to interpret unclear legal norms are all inescapable issues in legal application and precisely the uniqueness of a legal perspective. Additionally, when addressing the rationality of current administrative law norms themselves, this book also proposes improvements to relevant legal norms while strictly distinguishing between current and ideal norms.
Third, the chapter structure aligns with the textbook Administrative Law and Administrative Procedure Law (edited by Jiang Ming'an, jointly published by Higher Education Press and Peking University Press). To help students systematically master the fundamental knowledge of administrative law, this book relies on a relatively authoritative textbook in administrative law. However, in terms of content, it strives to reflect the latest developments in administrative law theory, incorporating many novel concepts, principles, and issues for Chinese administrative law, such as special power relations, the principle of proportionality and the principle of trust protection, the relationship between judicial interpretations and administrative interpretations, and so on, into the analysis of administrative law norms and the resolution of administrative law cases.