Typical Cases and Legal Application (Administrative Class) 21 - Administrative Litigation Against Administrative Reconsideration

Author: Zhu Mingshan
Publisher:
Publish Date: 2004-11-01
Features: "Examples support the law, not break it." The guiding significance and reference value of cases in judicial work have always been emphasized by courts at all levels in China. Every issue of the Supreme People's Court Gazette publishes cases approved by the Supreme People's Court or discussed by its Judicial Committee, requiring courts at all levels to refer to them in their judicial work. Since 2000, the Supreme People's Court has publicly disclosed judgments and verdicts. The China Application Law Research Institute of the Supreme People's Court has been editing and publishing Selected Cases of People's Courts since 1992. After nearly a year of effort, we have launched this series of books. In the process of editing, we attempted to give the series the following distinctive features:
1. Typical and Realistic Cases. Most of the selected cases are from the Supreme People's Court Gazette, cases published by the Supreme People's Court and its divisions through other forms, and every case is as typical as possible. For convenience, we have summarized the essence of each case and listed it as "Issue Highlights" before the case. All cases are kept authentic. In cases involving minors, personal privacy, and other sensitive content, some real names have been omitted.
2. Authoritative Analysis. In addition to cases from the Supreme People's Court Gazette and judgments and verdicts published by the Supreme People's Court, other cases are analyzed by presiding judges or experts on core legal issues, with particular emphasis on explaining hot or difficult issues in professional fields.
3. Comprehensive Legal Documents. The "Legal Application" section is specifically divided into [Laws, Regulations, Rules], [Interpretations of Judicial Policy], [Letters of Request and Replies], [Local Regulatory Documents], and [Judicial Policies]. Among them, replies from the Supreme People's Court to lower courts on legal application issues, judicial documents published by local courts, and research findings by various courts on adjudicating certain types of cases are also unique features of this series.
4. Detailed and Reasonable Classification. This series of books is divided into separate volumes based on different types of civil, criminal, and administrative cases (causes of action). The first batch introduced 43 civil case books, the second batch introduced 26 criminal case books, and now the third batch introduces administrative case books. It should be noted that some cases were rendered before relevant new laws were enacted, so the judgments and analyses may include provisions of old laws, but the legal issues involved remain important. Therefore, we have selectively included such cases, with the primary purpose of analyzing legal issues in the analysis. In the "Legal Application" section, we have listed the new legal basis. Please note this when using the books.
During the editing process, many judges of the Supreme People's Court provided enthusiastic help and support, for which we express our sincere gratitude. We sincerely hope that this series of books can contribute to the accumulation, summary, and dissemination of judicial practice experience.