Civil Case File - China Case Guidance (Issue 1, 2006 (Total Issue 2))

Author: Ke Heng
Publisher:
Publish Date: 2006-02-01
Features: The mutual learning and complementary strengths of the two major legal systems in the world—the Civil Law System and the Common Law System—are a trend in development. The Civil Law System is gradually giving more importance to the case system, while the Common Law System is gradually emphasizing the written law system. How can China leverage the role of cases? Scholars are researching this issue, and judicial practice departments are also considering it. The publication of the China Case Guidance series is an important attempt in the process of case guidance system reform and a significant achievement of judicial practice departments in addressing this issue. The joint publication of the China Case Guidance series by the Supreme People's Court and the Supreme People's Procuratorate is a concrete measure for the Supreme People's Court and the Supreme People's Procuratorate to guide the case handling work of courts and procuratorates at all levels across the country. The China Case Guidance series is a concrete measure for the Supreme People's Court and the Supreme People's Procuratorate to guide the case handling work of courts and procuratorates at all levels across the country, as well as an important attempt and achievement in the process of case guidance system reform. This series presents the following characteristics:
First, authority. The editorial committee is composed of leaders from the Supreme People's Court and the Supreme People's Procuratorate, and the research articles are written by renowned scholars, giving the series high authority. Although these cases cannot serve as direct legal grounds for judgments, judges, procurators, and lawyers can cite them as reasons for judgment or in court debates. For convenience of citation, the cases in this series are numbered for easy reference.
Second, novelty. The cases selected are final judgments by higher courts and the Supreme People's Court, some of which involve new types of cases, some are difficult, and some are cases where existing laws are not stipulated or where there is a in interpretation. Publishing and studying these cases can guide similar cases to be judged equally.
Third, applicability. To help users understand the essence of the cases, each case in this series is accompanied by a research article written by a renowned scholar, explaining the theoretical principles of the judgment and summarizing the essence of the judgment, abstracting case guidance principles, which are of important reference value for legal practitioners and legal scholars.
Fourth, objectivity. The original documents such as the indictment, the first-instance judgment, the appeal, and the second-instance judgment of the selected cases are published to allow readers to have a more comprehensive understanding of the case and to enable them to make their own objective judgments. People have always been exploring the legal effect that cases should have—the normative legal effect of cases—but we should take a different approach and pay more attention to their actual reference effect—the actual legal effect of cases. If they are recognized and cited more often, their actual effect will be greater. It is hoped that the publication of China Case Guidance will help better leverage the actual legal effect of cases.