Civil and Commercial Trial Guidance and Reference (Volume 1, 2002, Issue 1, Overall Volume 1)

Author: Gao Famin, Reviewing Committee of the Second Circuit Court
Publisher:
Publish Date: 2002-05-01
Features: The "Civil and Commercial Trial Policy and Spirit" column in this volume publishes the speech by Li Guoguang, Vice President of the Supreme People's Court, at the National Civil and Commercial Trial Work Conference, which holds significant guiding significance for the current civil and commercial trial work. The "Interpretation of Judicial Interpretations" column publishes an article on the understanding and application of the "Provisions on Several Issues Concerning the Freezing and Auction of State-owned Shares and Social Legal Person Shares of Listed Companies," drafted by the Second Circuit Court of the Supreme People's Court. The article is written by Xi Xiaoming and Jia Wei, who were responsible for drafting the judicial interpretation, providing an authoritative explanation of its content and form. The "Special Trial Essays" column features a rich selection of articles, which differ greatly from the past. Among them, Wang Chuang's article on the application of apparent agency in judicial practice provides a detailed analysis of the legal elements of apparent agency, and it is believed to offer an explanation for this civil institution, commonly considered to have "magical" characteristics, in the field of apparent agency. The "Essentials of Court Recommendations" column publishes two articles, "On the Identification of Malicious Collateralization" and "On the Legal Significance and Constituent Elements of Collateral Verification," which further clarify key issues in the field of guarantees law, helping judges to accurately apply the Guarantees Law and its judicial interpretations. This volume continues to feature the "Civil and Commercial Trial in Various Provinces" column, which has always welcomed contributions from courts in various regions on articles of guiding significance in the field of trial. Finally, in the "Judicial Interpretation·Draft for Comments" column, the draft of the "Provisions on Specific Application of Laws in Civil Dispute Cases Involving Dissolved Enterprise Legal Persons" is published, and valuable opinions are sought from courts in various regions and experts in academia.