Judicial Supervision Guidance and Research (Volume 4, 2002, Total Volume 8)

Author: Shen Deyong
Publisher:
Publish Date: 2003-04-01
Features: This volume inherits the publishing purpose of "focusing on judicial practice and advancing judicial review reform" over the past two years. In terms of manuscript editing, it adheres to the principle of basing practice on theory, striving to present readers with the latest developments in China's judicial reform, especially in the reform of the judicial review system. At the same time, we have selected cases to serve as concrete and clear examples for the more stable and applicable interpretation of the law. Since the Supreme People's Court held the National Judicial Review Reform Experience Exchange Conference in Qingdao in August, local courts have successively held implementation meetings. This volume includes the speech by Director Jisi of the Supreme People's Court's Judicial Review Tribunal, Jizhou, at the Yunnan Provincial Judicial Review Work Conference in the "Policy and Spirit" section. Given the close connection between judicial review work and the civil and administrative appeal department of the procuratorate, this volume also publishes the speeches by Director Wang Hongyi of the Civil and Administrative Procuratorial Department of the Supreme People's Procuratorate in Shanghai and other regions. Here, readers can see the consensus between the judiciary and the procuratorate on maintaining judicial fairness and authority, as well as their similar views and measures on the reform of the civil and administrative appeal system. In the "Law" section, we have included the recently promulgated "Government Procurement Law of the People's Republic of China" and "Water Law of the People's Republic of China," which are closely related to judicial practice. In the "Judicial Interpretations and Understanding and Application" section, we have included judicial interpretations on issues such as case filing, civil, criminal, administrative, retrial, and enforcement. Particularly noteworthy are the two judicial interpretations closely related to retrial: the "Supreme People's Court Provisions on the Supreme People's Court's Handling of Cases Returned for Rehearing and Assigned for Retrial" and the "Supreme People's Court Reply on How the Supreme People's Court Should Handle Cases Where Parties Disagree with Rulings on Automatic Withdrawal of Appeals and Apply for Retrial." The two articles "Questioning the Rejection of Notices" and "Several Issues in the Judicial Review Procedure and Their Resolutions" were written by judges from intermediate courts, offering unique insights into the issues discussed and reflecting the authors' solid theoretical foundation, which are included in the "Exploration and Research" section. Since the Supreme People's Court issued a notice designating the confirmation of applications for state compensation cases to the Judicial Review Tribunal, courts across the country have actively explored and conducted research. Sichuan Provincial High People's Court was the first to issue relevant regulations, which are featured in this volume's "Experience Exchange" section. The "Selected Judgments" section publishes two judgments recently made by the Supreme People's Court. As China's judicial review system is heavily influenced by the relevant legal systems of the former Soviet Union, the "Introduction to Foreign Retrial Legal Systems" section includes provisions on retrial in the criminal procedure laws of the former Soviet Union and Russia.