Civil and Commercial Typical Case Analysis and Explanation

Author: Zheng Wei
Publisher:
Publish Date: 2005-04-01
Features: Jurisprudence should be an applied science. In contemporary China, judicial practice departments have begun to increasingly value the absorption of research findings from theoretical jurisprudence and their application in practice. Meanwhile, the theoretical jurisprudence community has shown unprecedented interest and enthusiasm in empirical research and empirical analysis, focusing on legal issues encountered in judicial practice. Applied jurisprudence, which uses methods such as empirical summaries and empirical analysis, is thriving. The boundary between theoretical jurisprudence and applied jurisprudence is becoming increasingly blurred, while the number of issues they jointly focus on is growing. Case studies and analyses serve as the bridge connecting jurisprudence theory and judicial practice. Cases are not "legal doctrines in books" but "living law." Legal rules themselves do not apply to specific cases; they must rely on judges' accurate understanding of the rules and precise judgment on whether the rules can be applied to specific facts, thereby ensuring their correct application. Through case analysis, people can understand the adjudication process and the application of law. Therefore, case reviews or case-based explanations serve as the best medium for people to engage with and understand the law. Here, judicial fairness is no longer an abstract concept but is vividly reflected in each specific case adjudication, giving "legal doctrines in books" life and dynamism. Whether in common law systems or civil law systems, good precedents themselves serve as models for adjudicating similar facts and can become examples for reference. Highlighting the role of case studies is particularly significant today, as it emphasizes judicial fairness. Judges are adjudicators, and their mission is to apply the law. The judicial process is one that applies general legal provisions to individual cases. However, judges are not mere technicians applying the law. Due to the contradiction between the abstract nature of law and the specificity of individual cases, various difficult issues inevitably arise in the application of law, requiring judges to resolve them. Therefore, how judges' subjective initiative and legal thinking abilities are correctly exercised in the application of law is a crucial issue. To ensure correct application, judges must possess a high level of legal expertise. Thus, judges should not become legal craftsmen or case-processing machines but should continuously summarize experience and study theory during case handling, thereby improving their theoretical knowledge and enhancing the quality of adjudication. Only in this way can judges stand on the side of the law to deliver fair judgments. Therefore, case studies, through theoretical analysis of cases with typical significance, can reveal the successes and shortcomings of legislation, seek ways to fill legal loopholes, and serve as an important pathway to improving judges' theoretical literacy and judicial professional competence. In contemporary China, case studies hold special practical significance. Judges from the Fujian Provincial Courts engaged in civil and commercial adjudication have fully recognized the significance and practical value of exploring and interpreting the essence of the law through the analysis of adjudicated cases, thereby demonstrating the principles of judicial fairness. The "Essential Explanations of Typical Civil and Commercial Cases" they have compiled fully showcase the style and judicial standards of contemporary Chinese judges, playing a highly positive role in summarizing judicial experience and lessons, guiding judicial practice, promoting jurisprudence theoretical research, and advancing legislative progress. The selection of cases in this book emphasizes typicality, with each case accompanied by an explanation of the relevant legal principles or rules and their application. Most cases exhibit a degree of complexity, with some yielding multiple conclusions in theoretical research and practice, accompanied by different reasons and solutions. Some selected cases are not confined to the framework of current laws, as many case resolutions lack direct legal basis under current statutes, giving these cases certain academic research value. The authors of this book are judges from the civil and commercial adjudication front lines, and the cases included are those they have personally handled. Many articles are written by presiding judges themselves, who are familiar with these cases and possess the expertise to conduct in-depth analyses. The judgments included in this book are the result of judges' thorough deliberation and hold significant reference value for adjudicating similar cases in the future. The writing of each case includes three parts: the facts, the adjudication, and the analysis. Authors provide an honest introduction to the case facts and adjudication process, focusing on evaluating the strengths and weaknesses of the case from the perspectives of legal application and legal theory, highlighting the characteristics of authenticity, comprehensiveness, and logical reasoning, aiming to inspire readers. The focus of the cases in this book is on analysis, with authors not merely presenting the adjudication process or compiling materials but conducting in-depth research on the relevant theoretical issues involved in these cases. This is the essence of what is termed "essential explanations" in this book. When analyzing, the primary focus is on the legal issues involved, while also considering the judicial procedures. Additionally, content not fully presented in the judgment documents is further elaborated and discussed, revealing the judges' reasoning process. For legal issues involved in the cases, legal theories and provisions are applied in a comprehensive and systematic manner, addressing the key disputes between parties based on the case facts. The analysis and evaluation are in-depth, well-supported, and innovative. Where laws are specified, the legislative intent is clarified; where laws are ambiguous or absent, advanced legislative examples and authoritative doctrines from domestic and international contexts are referenced, proposing methods and opinions for handling similar cases while justifying the judgments. I would like to recommend this book to friends engaged in judicial work and legal research for reading, study, and reference.