Civil and Commercial Trial Guidance and Reference (Volume 1, 2003, Total Volume 3)

Author: Jiang Bixin
Publisher:
Publish Date: 2003-10-01
Features: The "Civil and Commercial Trial Policy and Spirit" column in this volume publishes two speeches by former Vice President Li Guoguang of the Supreme People's Court and Chief Judge Xi Xiaoming of the Civil Second Tribunal at the National Court Workshop on Handling Enterprise Bankruptcy Cases. The content covers both the principles and policies for the Supreme People's Court to handle enterprise bankruptcy cases and the outstanding issues that should be noted when handling bankruptcy cases at present, which is of great significance for guiding local courts in handling enterprise bankruptcy cases. The "Interpretation of Judicial Interpretations" column publishes two important judicial interpretations announced and implemented by the Supreme People's Court in the first half of the year, namely the "Supreme People's Court Provisions on Several Issues Concerning Civil Compensation Cases Caused by False Statements in the Securities Market" and the "Supreme People's Court Provisions on Several Issues Concerning Futures Dispute Cases." At the same time, we recommend two articles introducing "How to Understand and Apply" these judicial interpretations. The "Judicial Recommendations" column selects the article "When State-Controlled Companies Use the Platted Land of Their Controlled State-Owned Enterprises for External Investment, They Constitute Capital Flight and Should Bear Civil Liability." This article analyzes and elaborates on the circumstances under which state-controlled companies should bear civil liability when they use the platted land of their controlled state-owned enterprises for external investment and constitute capital flight, based on the provisions of existing laws and judicial interpretations. The "Requests and Replies" column publishes an article on "How to Determine the Shareholder Status of a Party Who Has Neither Contributed Capital nor Paid for the Transfer of Equity," accompanied by the reply opinion of the court to the request from the Henan Provincial High People's Court. The "Civil and Commercial Trial in Various Provinces" column continues to select several articles on exploring the legal system of enterprises and companies and litigation issues, and publishes the article "Summary of the Guangdong Court Company Law Symposium," to discuss and exchange the issues that should be addressed when handling such commercial dispute cases. In addition, to promptly reflect the information and achievements of judges' academic exchanges, we have specially set up an academic window - the "Judges' Academic Exchange" column. This issue introduces one of the achievements of the "Judges' Inspection Team for Securities and Company Law" visiting Germany: "Overview of the Civil Compensation System for False Statements in German Securities Law."