China Case Guidance (No. 1, 2006 Issue; Total No. 2 Issue) (Civil Volume)

Author: Supreme People's Court, Supreme People's Procuratorate
Publisher:
Publish Date: 2006-02-01
Features: The mutual learning and complementarity of the two major legal systems—civil law and common law—are the trend of development. Civil law systems are gradually giving more importance to case law systems, while common law systems are increasingly valuing written law systems. How can China leverage the role of case law? Scholars are researching this issue, and judicial practice departments are also considering it. The publication of the China Case Guidance series marks an important attempt in the reform process of case guidance systems and represents a significant achievement in the reflection of judicial practice departments on this issue. The joint publication of the China Case Guidance series by the Supreme People's Court and the Supreme People's Procuratorate is a concrete measure for the Supreme People's Court and the Supreme People's Procuratorate to guide the case handling work of courts and procuratorates at all levels across the country. The China Case Guidance series is a concrete measure for the Supreme People's Court and the Supreme People's Procuratorate to guide the case handling work of courts and procuratorates at all levels across the country, as well as an important attempt and achievement in the reform process of case guidance systems. This series presents the following characteristics:
First, authority. The editorial board is composed of leaders from the Supreme People's Court and the Supreme People's Procuratorate, and research articles are written by renowned scholars, making it highly authoritative. Although these cases cannot serve as direct legal grounds for judgment, judges, procurators, and lawyers can cite them as reasons for judgment or in court debates. For convenience of citation, the cases in this series are numbered for easy reference.
Second, novelty. The selected cases are final judgments by higher people's courts and the Supreme People's Court, including some of new types, some difficult cases, and some cases where existing laws are not specified or where there is a dispute in interpretation. Publishing and studying these cases can guide similar cases to be judged equally.
Third, applicability. To help users understand the essence of the cases, each case in this series is accompanied by a research article written by a renowned scholar, explaining the theoretical principles of the judgment and summarizing the essence of the ruling, abstracting case guidance principles, which serves as an important reference for legal practitioners and legal scholars.
Fourth, objectivity. The original documents such as the indictment, first-instance judgment, appeal, and second-instance judgment of the selected cases are published to enable readers to have a more comprehensive understanding of the case and to allow them to make their own objective judgments. People have always been exploring the legal effect that case law should have—the normative legal effect of case law—but we should take a different approach and pay more attention to its actual reference effect—the actual legal effect of case law. If it is recognized and cited more frequently, its actual effect will be greater. It is hoped that the publication of China Case Guidance will contribute to better leveraging the actual legal effect of case law. Each selected case in this book is accompanied by a research article written by a renowned scholar, explaining the theoretical principles of the judgment and summarizing the essence of the ruling, abstracting case guidance principles.