2005 Civil Trial Case Volume - China Trial Case Review

Author: None
Publisher:
Publish Date: 2006-07-01
Features: To reflect the general picture of China's judicial work, guide judicial practice, promote legal research, and introduce the achievements of China's legal system construction and law enforcement level to domestic and foreign audiences. At the same time, it also provides valuable reference materials for Chinese judicial workers, legislative workers, as well as teaching and research personnel. In 1991, the Supreme People's Court's China Higher Judges Training Center and the Law School of Renmin University of China decided to jointly compile China's Judicial Case Selection, selecting and publishing cases annually from various types of cases adjudicated by courts at all levels across the country in four volumes: Criminal Judicial Case Volume, Civil Judicial Case Volume, Commercial Judicial Case Volume, and Administrative Judicial Case Volume. 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 Volume or Criminal Volume, etc., based on the nature of the cases. Over the past decade, with the deepening of China's reform and opening-up, socialist democracy and legal system construction have made significant progress, while 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 adjudicate 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 judicial practices of China to domestic and foreign audiences, showcasing the achievements of China's legal system construction. At the same time, it also provides valuable reference materials for Chinese judicial workers, legislative workers, and teaching and research personnel. For this purpose, the China Higher Judges Training Center① and the Law School of Renmin University of China jointly cooperate to select and compile a comprehensive judicial case volume annually starting from 1992, including cases adjudicated in the previous year. Each volume consists of Criminal Judicial Case Volume, Civil Judicial Case Volume, Economic Judicial Case Volume, and Administrative Judicial Case Volume, 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 based on the nature of the cases. The title of the book is China's Judicial Case Selection. During the compilation process of this book, full respect is given to 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, information on the trial bodies at each level, parties involved in the lawsuit, time of adjudication, claims and determinations of the plaintiff and defendant, evidence accepted, and applicable legal provisions are included. To help readers better understand the reasons for applying the law and the relevant legal theories involved, the compilers provide explanations and comment on any shortcomings in the judgments. Some versions also include brief legal term explanations in appendices.