Damages - Civil Volume 8 - People's Court Cases and Annotations (Lower)

Author: Luo Haozai, Sun Wanzhong / Country: Mainland China
Publisher:
Publishing Date: 2006-07-01
Features: Cases serve as important carriers of judicial activities, playing an indispensable role in summarizing judicial experience, guiding judicial practice, promoting legal research, and assisting legal education. National Committee of the Chinese People's Political Consultative Conference Vice Chairman Luo Haozai, former Vice President of the Supreme People's Court, and Sun Wanzhong, former Executive Vice President of the China Society of Law, have long advocated for publishing a series of casebooks combining cases with annotations through the medium of "People's Court Cases." This approach aims to facilitate the summary and dissemination of judicial practices while helping readers grasp the doctrines related to the application, development, and unresolved issues of real cases in the People's Courts, thereby filling the gaps in formal legal education. Under the guidance of Luo Haozai and Sun Wanzhong, our publishing house has summarized past experience in case compilation, fully absorbing the strengths of similar books, and after extensive deliberation and preparation, has launched this series of "People's Court Cases and Annotations." The series features the following distinct characteristics:
1. Rational Classification: The series is divided into four major parts: Civil, Commercial, Criminal, and Administrative. Each part is further subdivided into several volumes based on different case types. The specific classification standards are as follows: The Civil and Administrative sections follow the case types announced by the Supreme People's Court; the Criminal section follows the division of the Criminal Law of the People's Republic of China.
2. Practical Arrangement: The cases selected for the series are first listed in an index format, highlighting the key issues and judicial principles of each case, enabling readers to grasp the relevant legal points at a glance. Except for the judgment documents, the rest are arranged in four parts: Case Facts, Trial Proceedings, Annotations, and Legal Basis. For certain cases where the legal basis at the time of trial has been amended or abolished, a table is provided for a comparison of the old and new laws. For cases where no specific legal provisions were available at the time but were later supplemented by relevant laws, the new provisions are listed for reference.
3. Typical Cases: The series is compiled from highly representative and typical cases selected from the Supreme People's Court Bulletin and those published by various courts and their divisions through other means. These cases either reflect the common characteristics of certain types of cases, summarize the difficulties and key points in judicial practice, or fill certain legal gaps. The selection scope is guided by the goal of instructing judicial practice and is not limited by court levels. Judges, prosecutors, and lawyers can refer to them for case handling, while researchers and educators can also use them as references.
4. Guiding Annotations: Each case in the series includes authoritative annotations written by judges from the contributing courts or legal experts in practice, focusing on the core issues of the case. The annotations emphasize the thinking methods behind case trials and discussions on legal application issues. Judges elaborate on key points regarding specific problems, showcasing their comprehensive understanding of law and legal principles while providing legal reasoning methods and judicial principles for similar cases, thereby aiding in case-based guidance for judicial practice.
We hope that the release of this series will contribute to the summary and accumulation of judicial practices and the development of legal education. Due to our limited expertise, errors and omissions may inevitably exist, and we welcome your corrections.
February 2006