Chinese Letter of Credit and Trade Finance Law: Cases and Materials

Author: Jin Saibo
Publisher:
Publish Date: 2005-09-01
Features: The judgments in the book reflect the authenticity of the cases and have high credibility. The cases are categorized scientifically, making it convenient for readers to use and retrieve. Keywords are arranged into an index for easy use, learning, and research. It is especially important to remind readers that the cases included in this book, as well as the way the author edited and structured them, do not indicate the author's approval of all the cases included. On the contrary, frankly speaking, the author often has different opinions on some of the cases included in this book. However, since these are judgments and have already been made and published by judges, they are printed as they originally were. Whether the judgment is right or wrong, whether the judgment text is well-written or not, will be tested by time and history, and subjected to repeated discussions and examinations by practitioners, lawyers, other judges, scholars, and students. The truth or falsehood, the quality or lack thereof, will have public judgment. Decades later, people will remember the names of fair and knowledgeable judges, and also mention those erroneous and ridiculous judgments. This is approximately the benefit brought by the case law system of common law in the Anglo-American legal tradition. Judgment documents are products made by judges, and their quality or lack thereof is something judges themselves are held accountable for throughout their lives. I have heard judges complain more than once about interference and pressure from above, preventing them from making judgments based on their conscience and free will. I doubt the truthfulness of this, suspecting it is an excuse to shirk responsibility. If this is the case, the situation is not only tragic but the result will be: many of the judgments included in this book may not truly reflect the real opinions of the judges who wrote them. And these judgment results concern the livelihoods and even life and death of ordinary people and businesses.