Civil Trial Frontiers in China (2005, Issue 1 · Total Issue 1)

Author: Huang Songyou
Court: Civil First Tribunal of the Supreme People's Court
Publisher:
Publish Date: 2005-01-01
Features: The reasons why I am happy to recommend this book to my colleagues in the legal field are as follows: First, every article in the book discusses issues that originate from the civil trial line. These issues are classified and organized by the Civil First Tribunals of higher people's courts based on the legal application problems encountered by their subordinate intermediate people's courts and primary people's courts in judicial practice, and are 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 opinions or consensus opinions are determined. Second, the issues discussed in this book are mostly those that are not stipulated by law or are incomplete in the legal provisions but urgently need to be resolved in judicial practice. When arguing their views, 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 to make their arguments well-founded and logical.
With the cool autumn air and the fragrance of osmanthus, in this harvest season, the book "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 readers. The Civil First Tribunal of the Supreme People's Court brings together a group of middle-aged and young judges with a certain 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 enables them to understand the new situations and problems encountered by courts at all levels in civil trial practice, especially the different views that arise in the trial of typical and difficult cases, as well as the direct impact of these different views on the unity of the country's legal system 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 book "China Civil Trial Frontiers."
The reasons why I am happy to recommend this book to my colleagues in the legal field are as follows: First, every article in the book discusses issues that originate from the civil trial line. These issues are classified and organized by the Civil First Tribunals of higher people's courts based on the legal application problems encountered by their subordinate intermediate people's courts and primary people's courts in judicial practice, and are 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 opinions or consensus opinions are determined. Second, the issues discussed in this book are mostly those that are not stipulated by law or are incomplete in the legal provisions but urgently need to be resolved in judicial practice. When arguing their views, 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 to make their arguments well-founded and logical. Among them, there are rational reviews and calm reflections on civil trial practice, as well as the dedication and hard work of the judges of the Civil First Tribunal. Although some of these views are not yet mature and 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 side by side. With the diligent irrigation of many gardeners, the tender new shoots in this garden will surely grow into lush branches and towering trees!