Civil Code General Case Tutorial

Author: Yang Lixin
Publisher:
Publish Date: 2005-04-01
Features: Law is a highly applied discipline. One of the important goals of legal education is to cultivate students' ability to use legal knowledge to interpret legal phenomena and solve legal problems. Therefore, in legal education, teaching methods that combine theory and practice are of particular significance. Practice has proven that case teaching is both an important content and an important method of legal education. In common law jurisdictions, court judgments have legislative functions and are essential legal knowledge that legal professionals and students must study and research. Case teaching is also the main method they use for legal education. In China, the case teaching method has been widely used and popular among legal professionals in recent years and has occupied an increasingly important position in China's legal education. The implementation and promotion of the case teaching method have become an important aspect of deepening the reform of legal education at all levels. In connection with this, the construction of case textbooks has become an important part of legal textbook construction. To promptly reflect the new achievements of legal education reform in recent years and better meet the needs of legal education in higher law schools, we have organized the compilation of this "Case Teaching Materials for Higher Education Law Specialty" (hereinafter referred to as "Case Teaching Materials"). The basic goal of this "Case Teaching Materials" is: to enrich and activate legal education classrooms through case analysis, stimulate students' interest and desire to solve legal problems, help them deepen their understanding of legal theory and key and difficult points of various disciplines, improve their ability to criticize, analyze, reason, and solve practical problems, and achieve a comprehensive understanding of the knowledge systems of various legal disciplines. This "Case Teaching Materials" includes the following 29 volumes: 1. Case Teaching Materials on Constitutional Law; 2. Case Teaching Materials on Jurisprudence; 3. Case Teaching Materials on Administrative Law; 4. Case Teaching Materials on Administrative Litigation Law; 5. Case Teaching Materials on Legal Logic; 6. Case Teaching Materials on Criminal Law; 7. Case Teaching Materials on Criminal Procedure Law; 8. Case Teaching Materials on General Principles of Civil Law; 9. Case Teaching Materials on Property Law; 10. Case Teaching Materials on Tort Law; 11. Case Teaching Materials on Contract Law; 12. Case Teaching Materials on Intellectual Property Law; 13. Case Teaching Materials on Marriage, Family, and Inheritance Law; 14. Case Teaching Materials on Environmental and Natural Resources Law; 15. Case Teaching Materials on Labor Law; 16. Case Teaching Materials on Company Law; 17. Case Teaching Materials on Securities Law; 18. Case Teaching Materials on Economic Law; 19. Case Teaching Materials on Tax Law; 20. Case Teaching Materials on Financial Law; 21. Case Teaching Materials on Insurance Law; 22. Case Teaching Materials on Civil Procedure Law; 23. Case Teaching Materials on Arbitration Law; 24. Case Teaching Materials on Evidence Law; 25. Case Teaching Materials on International Law; 26. Case Teaching Materials on Private International Law; 27. Case Teaching Materials on International Economic Law; 28. Case Teaching Materials on Maritime Law; 29. Case Teaching Materials on World Trade Organization Law. This series of textbooks has the following features: (1) Target Audience: For teaching and research personnel in higher law schools and undergraduate and above students. (2) Subject Coverage: Covers the main legal disciplines that can currently conduct case teaching. (3) Selection of Authors Follows the Following Principles: ① Authors or chief editors of each subject are leading figures and academic backbones in their respective disciplines, with a deep understanding of the subject; ② Authors or chief editors are widely distributed, basically recruited from the strongest professional departments of relevant universities, not limited to a single university or institution; ③ Authors or chief editors of each subject are professors (including part-time professors) engaged in (or who have engaged in) frontline teaching work; those without a professorship are at least associate professors engaged in frontline teaching work and hold a doctorate in law. (4) Structure of Each Subject: The structure is largely consistent with the latest unified textbooks at the ministerial level or above that are recognized or currently used by authors or chief editors. However, flexibility is allowed based on the characteristics of case teaching materials, and a unique structure may be adopted in special cases. (5) Cases Selected for Each Subject Cover the Basic Concepts, Basic Knowledge, and Basic Theories ("Three Basics") of the Discipline and Help teachers and students master the key, difficult, and puzzling points ("Three Points"). To facilitate readers in grasping the basic knowledge of each discipline at a glance, each chapter includes a "Summary of Key Knowledge Points in This Chapter," which summarizes the basic knowledge points of each chapter and then selects typical cases around these knowledge points. Through the analysis of these cases, the basic content of each discipline is systematically explained. To achieve the goal of "learning law through cases," each case includes 【Case Summary】, 【Legal Issues】, 【Reference Conclusion】, 【Legal and Theoretical Analysis】, and other parts, with a focus on legal and theoretical analysis to enhance the depth of the "Case Teaching Materials." This "Case Teaching Materials" is edited by the renowned legal scholar Professor Jiang Ping as the Director of the Editorial Committee and personally wrote the preface. The authors and chief editors are distributed across more than 10 institutions, including China University of Political Science and Law, Renmin University of China, Tsinghua University, Wuhan University, Xiamen University, Sun Yat-sen University, East China University of Political Science and Law, and others, and are all experts with deep expertise in their respective fields. They have devoted a lot of effort to the incubation and birth of this series of textbooks. Here, we express our heartfelt gratitude to Professor Jiang Ping and all the chief editors and authors for their strong support. Due to the tight schedule and our limited experience in organizing the compilation of case teaching materials, this textbook undoubtedly has many shortcomings in terms of writing methods and content settings. We sincerely welcome readers and experts to offer advice to help us improve and correct them in the second edition. This "Case Teaching Materials" is suitable for teaching and use by undergraduate and above (including undergraduate) teachers and students of legal specialties, as well as candidates for the national judicial examination, the law master's joint examination, and legal professionals such as lawyers, judges, and arbitrators for reference. This book systematically summarizes and explains the basic concepts, basic knowledge, and basic theories involved in the General Principles of Civil Law in the form of case analysis. The book is divided into nine chapters. Chapter explains general issues of civil law, and the second chapter explains the basic principles of civil legal relations. Chapters three to five respectively explain civil legal acts and agency. The end explains civil liability, the statute of limitations, and periods. This book is written for teachers and students of legal specialties in higher education institutions and can also be used by lawyers, judges, and other legal professionals, as well as candidates for the national judicial examination, law master's examination, and law master's examination.