China's Court Case Digest (Volume of Administrative Court Cases, 2004)

Author: National Judicial College
Publisher:
Publishing Date: 2005-06-01
Features: To reflect the general picture of China's judicial work, guide judicial practice, promote legal research, and introduce the achievements of China's legal system construction and law enforcement standards to domestic and foreign audiences. At the same time, it also provides valuable reference materials for Chinese judicial workers, legislative workers, and teaching and research personnel. In 1991, the Supreme People's Court's China Senior Judges Training Center and the Law School of Renmin University of China decided to jointly compile China's Judicial Case Collection. Cases were selected annually from various types of cases adjudicated by courts at all levels across the country and published in four volumes: Criminal Judicial Case Volume, Civil Judicial Case Volume, Commercial Judicial Case Volume, and Administrative Judicial Case Volume. Due to the limited number of intellectual property judicial cases and transportation judicial cases, which were insufficient to form separate volumes, they were categorized and included in the Commercial or Criminal volumes, etc., based on the nature of the cases. Over the past decade, with the deepening of China's reform and opening-up, socialist democracy and legal system construction have made significant progress. At the same time, the judicial work of the courts has also advanced greatly. In addition to criminal and civil trials, economic and administrative trials, as well as transportation trials, have been gradually carried out. Courts across the country now handle approximately 3 million first-instance cases annually. The judicial procedures have become increasingly refined, and the quality of judicial work has continuously improved. We believe it is necessary to systematically select and compile court judicial cases to introduce China's judicial practices to domestic and foreign audiences, showcase the achievements of China's legal system construction, and provide valuable reference materials for Chinese judicial workers, legislative workers, and teaching and research personnel. To this end, the China Senior Judges Training Center① and the Law School of Renmin University of China jointly cooperate to select and compile an annual comprehensive judicial case collection starting from 1992, including cases adjudicated in the previous year. Each volume consists of Criminal Judicial Case Volume, Civil Judicial Case Volume, Economic Judicial Case Volume, and Administrative Judicial Case Volume, totaling four volumes. Due to the limited number of transportation judicial cases, which were insufficient to form separate volumes, they were categorized and included in the Economic and Criminal volumes. The title of the book is China's Judicial Case Collection. During the compilation process of this book, we fully respect the actual cases, ensuring objectivity and authenticity in the facts of the cases, the judicial process, the grounds for judgment, and the results of handling. To facilitate readers' understanding of the specific judicial process, we include information on the judicial bodies at each level, the parties involved in the lawsuit, the time of adjudication, the claims and admissions of both sides, the facts of the case, the evidence accepted, and the applicable legal provisions. To help readers better understand the reasons for applying the law and the relevant legal theories involved, the compilers have written explanations and commented on any shortcomings in the judgments. Some versions also include brief legal term explanations in appendices. We hope that this case collection will be helpful to our readers and well-received. This is our first attempt, and it is inevitable that there will be shortcomings. We sincerely welcome valuable feedback from all sectors of society to help us improve our compilation work and make future case collections increasingly perfect. During the compilation process, we have received support and assistance from leaders and staff of courts at all levels, faculty and students of the Law School of Renmin University of China, and relevant parties. The Ford Foundation and its China office have also provided significant support. We hereby express our gratitude.