Judicial Supervision Guidance and Research (2003, Issue 4, Total Issue 12)

Author: Shen Deyong
Publisher:
Publish Date: 2004-01-01
Features: As the end of 2003 approached, the 4th volume of the series "Judicial Review Guidance and Research" for 2003, which is the 12th volume in total, will be available to readers. In recent times, the country has successively promulgated three laws, which we have included in the [Laws] section. Among them, the promulgation of the "Law of the People's Republic of China on Household Registration Certificates" has given the long-used household registration certificates a clear and detailed legal significance; the introduction of the "Law of the People's Republic of China on Administrative Permits" will have a significant impact on the reform of China's administrative examination and approval system; the publication of the "Law of the People's Republic of China on Road Traffic Safety" will help in handling the increasing number of traffic accidents.
The [Case Analysis] section includes 10 criminal, civil, and administrative cases, including retrial cases and cases discovered during case reviews. Readers should pay close attention to the subtitles of each case, as they involve typical legal issues and are often not explicitly stipulated by law. This provides significant reference value for handling similar issues in judicial practice. After years of theoretical discussions and reform practices in the judicial review system, predictions about the future direction of China's judicial review system have gradually become more unified. Therefore, the selection of articles in the [Exploration and Research] section of this volume primarily focuses on the innovation of perspectives and the depth of arguments.
Since the national railway courts have been managed by the judicial review division, we have been actively paying attention to the various explorations of railway courts. The article "Reflections on Several Issues in Cases of Personal Injury Disputes of Railway Passengers from the Perspective of 'Litigation Selection for Judgment'" published in this volume is worth reading. Civil and administrative appeal cases have always been an important part of the cases handled by the judicial review division. In recent years, with the strengthening of communication between the procuratorates and courts on this issue, higher-level courts have placed greater emphasis on research on appeal cases. The [Experience Sharing] section of this volume publishes two excellent research reports on cases of withdrawal of lawsuits from two higher-level courts.