China Court Case Digest. 2004 Civil Court Case Volume

Author: National College of Judges, Law School of Renmin University of China
Publisher:
Publish Date: 2005-06-01
Features: To reflect the general outline of China's judicial work, guide judicial practice, promote legal research, and introduce the achievements of China's legal system construction and law enforcement standards to domestic and international audiences. At the same time, it also provides valuable reference materials for Chinese judicial workers, legislative workers, and teaching and research personnel. In 1991, the Supreme People's Court and the China Senior Judges Training Center decided to jointly compile China's Judicial Case Collection, selecting and publishing cases annually from various types of cases adjudicated by courts at all levels across the country in four volumes: Criminal Judicial Cases, Civil Judicial Cases, Commercial Judicial Cases, and Administrative Judicial Cases. Due to the limited number of intellectual property judicial cases and transportation judicial cases, which were insufficient to form independent volumes, they were categorized and included in the Commercial or Criminal volumes accordingly. Over the past decade, with the deepening of China's reform and opening-up, socialist democracy and the rule of law have made significant progress, and at the same time, the judicial work of the courts has also advanced greatly. In addition to criminal and civil trials, economic and administrative trials, as well as transportation trials, have been gradually carried out. Annually, courts across the country handle approximately 3 million first-instance cases of various types. The judicial procedures have become increasingly refined, and the quality of judicial work has continuously improved. We believe it is necessary to systematically select and compile court judicial cases to introduce the situation of China's judicial practice to domestic and international audiences, showcase the achievements of China's legal system construction, and provide valuable reference materials for Chinese judicial workers, legislative workers, and teaching and research personnel. For this purpose, the China Senior Judges Training Center① and the Law School of Renmin University of China jointly cooperate to select and compile a comprehensive judicial case collection annually, starting from 1992, including cases adjudicated in the previous year. Each volume consists of Criminal Judicial Cases, Civil Judicial Cases, Economic Judicial Cases, and Administrative Judicial Cases, totaling four volumes. Due to the limited number of transportation judicial cases, which were insufficient to form independent volumes, they were categorized and included in the Economic and Criminal volumes accordingly. The title of the book is China's Judicial Case Collection. During the compilation process of this book, we fully respect the actual case facts, judicial process, reasons for judgment, and results of handling, ensuring objectivity and authenticity. To facilitate readers in understanding the specific judicial process, we include details such as the judicial bodies at each level, parties involved in the lawsuit, the time of adjudication, the claims and admissions of both sides, the facts of the case as determined, the evidence accepted, and the applicable legal provisions. To help readers better understand the reasons for applying the law and the relevant legal theories, the compilers have written explanations and commented on any shortcomings in the judgments. Some versions also include brief legal term explanations in appendices. The case collection we present to our readers is hoped to be helpful and well-received. This is our first attempt, and it is inevitable that there are omissions and shortcomings. We sincerely welcome valuable feedback from all sectors to help us improve our compilation work and make future case collections increasingly perfect. During the compilation process, we have received support and assistance from leaders and staff of courts at all levels, faculty and students of the Law School of Renmin University of China, and relevant parties. The Ford Foundation and its China office have also provided significant support. We extend our gratitude to all of them.