2005 Administrative Court Cases Volume - China Court 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 of China and the China Advanced Judges Training Center decided to jointly compile China's Judicial Case Collection, selecting and publishing cases annually from various courts 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, they were categorized into the Commercial or Criminal volumes based on their nature. Over the past decade, with the deepening of China's reform and opening-up, socialist democracy and the legal system 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 trials and administrative trials, as well as transportation trials, have gradually been carried out. Annually, courts across the country handle approximately 3 million first-instance cases. 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 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 Advanced Judges Training Center and the Law School of Renmin University of China jointly cooperate to select and compile an annual comprehensive judicial case collection starting from 1992, including cases from 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, they were categorized into the Economic and Criminal volumes based on their nature. The title of the book is China's Judicial Case Collection. During the compilation process of this book, the facts of the cases, the judicial process, the grounds for judgment, and the results of handling are fully respected, ensuring objectivity and authenticity. To facilitate readers in understanding the specific judicial process, information on the judicial bodies at each level, litigants, trial time, the claims of both parties, the facts of the case as determined, the evidence accepted, and the applicable legal provisions are included. To help readers better understand the reasons for applying the law and the relevant legal theories, the compilers provide explanations and comment on any shortcomings in the judgments. Some versions also include brief legal term explanations in appendices. China's Judicial Case Collection is currently the most authoritative judicial case reference book published in China. The cases in China's Judicial Case Collection are written by outstanding judges with extensive judicial experience from courts across the country. Their features are as follows: First, the cases are objective and authentic. The authors fully respect the actual case facts, judicial process, grounds for judgment, and results of handling, while also including information on the judicial bodies at each level, litigants, trial time, the claims of both parties, the facts of the case as determined, the evidence accepted, and the applicable legal provisions. This writing style ensures objectivity, authenticity, and authority. Second, the case analyses are authoritative. Each case is reviewed and commented on by relevant legal experts, explaining any shortcomings in the judgment and helping readers better understand the reasons for applying the law and the legal theories involved. Third, the data is comprehensive. The judicial collection includes typical cases of criminal, civil, economic, and administrative nature that occurred within the year, providing a wealth of reference materials for legislative, judicial, teaching, and research personnel. The "2005 Administrative Judicial Cases Volume" includes 74 typical cases related to public security, transportation administration, industrial and commercial administration, financial and tax administration, housing and land administration, labor, personnel, and social security administration, marriage and family planning administration, education administration, quality supervision, technical supervision, customs administration, fire administration, and administrative compensation.