Author: Zhu Mingshan
Publisher:
Publish Date: 2003-11-01
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. The Supreme People's Court Bulletin publishes cases approved by the Supreme People's Court or discussed by the Supreme People's Court Judicial Committee in each issue, requiring courts at all levels to refer to them in judicial work. Since 2000, the Supreme People's Court has publicly disclosed judgments and verdicts. The China Application of 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. During the editing process, 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 Bulletin, cases published by the Supreme People's Court and its divisions through other forms. Each case is as representative 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 real. In cases involving minors, personal privacy, and other content, some real names have been concealed.
2. Authoritative Analysis. In addition to cases from the Supreme People's Court Bulletin and judgments and verdicts announced by the Supreme People's Court, other cases are analyzed authoritatively 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 "Applying the Law" section is specifically divided into [Laws, Regulations, Rules], [Interpretations of Judicial Interpretations], [Requests and Replies], [Local Regulatory Documents], and [Judicial Policies]. Among them, the replies of the Supreme People's Court to lower courts' requests on applying the law, judicial documents published by local courts, and research findings of various courts on handling certain types of cases are also unique features of this series.
4. Detailed and Reasonable Classification. This series of books is organized into separate volumes based on different types of civil and criminal cases (causes of action). The first batch includes Labor Contract Disputes, Medical Malpractice Compensation Disputes, Student Injury Compensation Disputes, Personal Injury Compensation Disputes, Defamation Disputes, Marriage and Family Disputes, Inheritance Disputes, Property Division in Divorce Disputes, Loan Contract Disputes, Certificate of Deposit Disputes, Construction Project Contract Disputes, House Purchase Disputes, House Demolition Disputes, House Rental Disputes, Negotiable Instrument Disputes, Labor Insurance Disputes, and Traffic Accident Compensation Disputes.
It should be noted that some cases were rendered before relevant new laws were enacted, so there may be provisions of old laws in the judgments and analyses. However, the legal issues involved are still important, so we have selectively included such cases, with the primary purpose of analyzing the legal issues in the analysis. In the "Applying the Law" section, the new legal basis is listed. Please note this when using the book.
Property Damage Compensation Disputes
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