Civil Court Frontiers of China 2005 Issue 1 (Issue 1 of the total)

Author: Huang Songyou (Editor-in-Chief) / Supreme People's Court Civil First Tribunal
Publisher:
Publish Date: 2005-03-01
Features: The reasons why I am willing to recommend this book to my colleagues in the legal field are as follows: First, every article in the book addresses issues that originate from the civil trial frontline. These issues are classified and compiled by the Civil First Tribunals of higher people's courts from the legal application problems encountered by their subordinate intermediate and primary people's courts in judicial practice, and then reported to the Civil First Tribunal of the Supreme People's Court in the form of the "Civil Trial Information Monthly Report." Then, each judge of the Civil First Tribunal studies the assigned issues and proposes opinions. These opinions are thoroughly discussed in seminars attended by all judges of the tribunal, and finally, the tribunal's or consensus is determined. Second, the issues addressed in this book are mostly those for which there are no legal provisions or incomplete legal provisions, and which urgently need to be resolved in judicial practice. When arguing their viewpoints, the authors refer to relevant legal provisions of other countries and regions, collect different opinions of experts and scholars in civil and procedural law in China, and combine the current laws, regulations, national conditions, and successful experiences in civil trial practice in China to strive for arguments that are well-supported and logically sound.
With the arrival of autumn and the fragrance of osmanthus, in this harvest season, the "China Civil Trial Frontiers" written by all judges of the Civil First Tribunal of the Supreme People's Court has finally been presented to the. The Civil First Tribunal of the Supreme People's Court brings together a group of middle-aged and young judges with a solid foundation in legal theory and judicial practice experience. They undertake the heavy tasks of hearing second-instance cases, formulating judicial interpretations, and guiding the civil trial work of lower courts. Their specific work environment allows them to understand the new situations and problems encountered by courts at all levels in civil trial practice, especially the different viewpoints that arise in the trial of typical and difficult cases, as well as the direct impact these different viewpoints have on the unity of national law and judicial fairness. Driven by a sense of social responsibility to contribute to the country's legal system construction and a rational insight into the problems in civil trial practice, they organized the writing of the "China Civil Trial Frontiers."
The reasons why I am willing to recommend this book to my colleagues in the legal field are as follows: First, every article in the book addresses issues that originate from the civil trial frontline. These issues are classified and compiled by the Civil First Tribunals of higher people's courts from the legal application problems encountered by their subordinate intermediate and primary people's courts in judicial practice, and then reported to the Civil First Tribunal of the Supreme People's Court in the form of the "Civil Trial Information Monthly Report." Then, each judge of the Civil First Tribunal studies the assigned issues and proposes opinions. These opinions are thoroughly discussed in seminars attended by all judges of the tribunal, and finally, the tribunal's or consensus is determined. Second, the issues addressed in this book are mostly those for which there are no legal provisions or incomplete legal provisions, and which urgently need to be resolved in judicial practice. When arguing their viewpoints, the authors refer to relevant legal provisions of other countries and regions, collect different opinions of experts and scholars in civil and procedural law in China, and combine the current laws, regulations, national conditions, and successful experiences in civil trial practice in China to strive for arguments that are well-supported and logically sound.
Among them, there are rational reflections and calm critiques of civil trial practice, and they embody the hard work and dedication of the judges of the Civil First Tribunal. Although some of the opinions may not be fully mature or even controversial, they can certainly serve as a springboard to inspire ideas, open up new perspectives, and even provide guidance.
Law is the crystallization of rational thinking, and judges are a profession that requires lifelong learning and continuous reflection. The publication of "China Civil Trial Frontiers" is merely opening up a new garden for the judges of the Civil First Tribunal of the Supreme People's Court to practice, learn, and research simultaneously. With the diligent cultivation of many gardeners, the tender new shoots in this garden will surely grow into lush trees and towering giants!