Civil Justice Frontiers of China (2005 Issue 2, Total Issue 2)

Author: Huang Songyou
Compiled by: Civil Division of the Supreme People's Court
Publisher:
Publishing Date: 2005-09-01
Features: The reason I am eager to recommend this book to my colleagues in the legal field is as follows: First, every article in the book addresses issues that originate from the civil trial line. These issues are classified and compiled by the Civil Division of higher people's courts from the legal application problems encountered by their subordinate intermediate and primary people's courts in judicial practice, and then reported to the Civil Division of the Supreme People's Court in the form of the Civil Trial Information Monthly Report. Then, each judge of the Civil Division studies the assigned issues and proposes opinions. These opinions are thoroughly discussed in a seminar attended by all judges of the Civil Division, and finally, a opinion or consensus opinion of the Civil Division is determined. Second, the issues addressed in this book are mostly those for which there is no legal provision or the legal provisions are incomplete, yet urgently need to be resolved in judicial practice. When arguing his viewpoints, the author not only references relevant legal provisions from other countries and regions but also collects different opinions from domestic experts and scholars in civil and procedural law. Additionally, he combines the current laws, regulations, national conditions, and successful experiences in civil trial practice to strive for arguments that are well-founded and logically sound. — Huang Songyou (Excerpted from the Preface of the first collection of China Civil Trial Frontiers)
Table of Contents:
· The factual evidence effect of effective judgments;
· Liability for damages caused by joint negligence;
· The nature, composition, and handling of compensation for deaths in air disasters;
· Whether joint property of spouses can be divided during the subsistence of a marital relationship;
· Whether people's courts should accept disputes over de facto labor relationships between state organs, public institutions, social organizations, and laborers.