Judicial Supervision Guidance and Research (2003, Issue 3, Total Issue 11)

Author: Shen Deyong
Publisher:
Publish Date: 2003-11-01
Features: This volume is the 3rd issue of Judicial Review Guidance and Research for 2003, the 11th overall. From October 18 to 20, 2003, the Supreme People's Court held a national conference on judicial review work in Shenzhen. At the conference, Vice President Shen Deyong of the Supreme People's Court delivered a keynote speech titled Adhering to the Idea of Judicial Service to the People, Deepening Judicial Review Reform, and Striving to Improve Judicial Review Work, while Director Ji Min of the Supreme People's Court's Judicial Review Tribunal made a concluding speech titled Seeking Truth and Pragmatism to Ensure Integrity and Further Enhance the Level of Judicial Review Work. This conference marked another milestone in China's judicial review reform. Against the backdrop of the vigorous judicial reform, the conference conveyed many important new messages, which will also guide the direction of judicial review reform in the coming years. This volume's [Policy and Spirit] section includes the aforementioned major speeches. The [Requests and Replies] section publishes cases related to legal issues frequently encountered in judicial practice but not explicitly stipulated by law. In particular, the issue of property rights determination for private schools warrants further exploration from a deeper legal perspective. The [Case Analysis] section features 10 cases, including 2 criminal and 8 civil cases. In selecting these cases, the editors fully considered their typicality and guidance value in light of the characteristics of retrial cases. The He Haohong Intentional Homicide Case addresses how to correct wrongful convictions caused by the reduction of trial levels. The Industrial and Commercial Bank of China Lufeng City Branch Application for Invalidating a Certificate of Deposit and Retrying Case raises the controversy over whether blank certificates of deposit can be subject to public notice and demand for payment due to differing rulings by different courts on the same facts. The remaining cases are not listed here; readers are encouraged to study them independently. The innovative spirit and research dedication demonstrated by the Judicial Review Work of the Jiangsu High People's Court are worthy of reference and learning by courts at all levels. The Judicial Review Tribunal of the Jiangsu High People's Court has written two outstanding research articles, An Empirical Study on Current Civil Retrial Causes and Analysis of Reasons for Retrial and Reversal of the Court's Own Valid Rulings, which offer unique perspectives, profound insights, rigorous arguments, and great inspirational value. These articles are featured in this volume's [Exploration and Research] section. Expanding the judicial review functions of grassroots courts is currently a research project being conducted by the Supreme People's Court. The [Experience Exchange] section of this volume focuses on introducing experiences related to case quality review, and courts at all levels are encouraged to summarize their experiences, explore new approaches, and pioneer new developments in grassroots judicial review work. The [Selected Judgments and Decisions] section includes 3 civil legal documents of retrial and reversal issued by the Supreme People's Court. These documents involve highly typical substantive legal issues, and their detailed explanations make them excellent case studies.