Judicial Supervision Guidance and Research (Volume 4, 2001, Total Volume 4)

Author: Shen Deyong
Publisher:
Publish Date: 2002-05-01
Features: This volume is the 4th issue of Judicial Review Guidance and Research. In the first section [Policy and Spirit], this volume highlights the article Speech by President Xiao Yang of the Supreme People's Court at the National Conference of Presidents of Higher People's Courts, which, against the backdrop of China's accession to the WTO, points out the opportunities and challenges faced by the national court system and provides a high-level plan for the next year's work of the national courts. This helps readers understand the work of the national courts and the direction of China's judicial reform from a macro perspective. In the [Judicial Interpretations and Understanding and Application] section, important judicial interpretations recently promulgated by the Supreme People's Court are included. [Consultation and Reply] is a newly added column, which mainly collects opinions sought by the Supreme People's Court's Supervisory Trial Chamber on professional or industry-related issues from relevant departments, along with their replies. The [Case Analysis] section includes 10 criminal and civil cases, such as the appeal case of Yantai Real Estate Group Huayu Real Estate Co., Ltd. vs. Yantai Gold Industry General Company for the pre-sale contract dispute of housing. All these cases are provided by the Supreme People's Court and the Supervisory Trial Chambers of various higher people's courts, thoroughly demonstrating the case-handling thinking and judgment reasoning of the supervisory trial judges, which is of great reference significance for the future adjudication of similar cases. The reform of China's supervisory trial system has attracted great attention from the legal community. Therefore, this book specially invites renowned scholars such as Professor Jiang Wei to write and discuss issues related to "the series of problems in the retrial procedure reform." This is included in the [Exploration and Research] section of this volume for the readers' enjoyment. The [Experience Exchange] section includes The Trial Supervisory Procedure Civil Case Hearing Operation Rules (Trial) of Qingdao Intermediate People's Court. In the [Selected Judgments] section, 4 retrial judgment documents of criminal and civil cases from the Supreme People's Court and higher courts are selected, and an analysis is made of the criminal judgment documents of Zhou Zengsheng and Sheng Bin's cases of embezzlement of public funds and illegal detention. The [Introduction to the Retrial Legal System of Taiwan Region] section introduces the provisions on retrial in Taiwan Region's Criminal Procedure Law, Civil Procedure Law, and Administrative Procedure Law.