Civil Law Cases: Explanations

Author: He Lixin Wu Haiyan
Publisher:
Publish Date: 2004-06-02
Features: This book is divided into 12 chapters, covering 40+ real cases from 12 aspects such as ships, crew, maritime cargo transport contracts, maritime passenger transport contracts, ship charter contracts, ship collisions, maritime salvage, general average, limitation of liability in maritime law, maritime insurance contracts, special procedures in maritime litigation, and maritime administration. It provides legal analysis and commentary on the resolution of disputes in these cases. This book serves as a university case textbook for law students to connect theory with practice and reflect the latest judicial dynamics.
Legal systems in civil law countries adopt the deductive method, where teachers typically start with legal concepts to explain legal principles. In contrast, legal systems in common law countries use the inductive method, with teachers deriving legal principles from specific judgments. Both approaches have their strengths and weaknesses.
China follows the civil law tradition in legal education, where teachers often explain legal principles based on fundamental theories in class. Case or example handling is arranged according to the needs of principle explanation. This teaching method is undoubtedly necessary for law students, especially beginners, as it enables systematic rather than fragmented mastery of legal principles. Only by systematically understanding legal principles can students grasp the rationale behind legal provisions and apply the law accurately in practice. However, this method also has shortcomings, as purely theoretical instruction may leave students with a textbook-level understanding of law without practical analytical and problem-solving skills.
In recent years, with the deepening of legal education reform in China, teaching methods such as case-based learning and legal clinics, which enhance practical skills, have gained increasing attention and are being introduced into various aspects of legal education. The School of Law at Xiamen University has always emphasized the integration of legal theory and judicial practice, requiring students to study both "law in books" and "law in action." In recent undergraduate teaching reforms, we have placed great importance on introducing and practicing case-based learning. In addition to increasing the proportion of cases in classroom teaching or offering separate case analysis courses, we have particularly focused on collaboration with judicial departments to fully utilize local judicial resources, organizing judicial internships and research to cultivate students' practical skills.
In 2003, we partnered with the Xiamen Intermediate People's Court, hiring judges with extensive experience and master's degrees as part-time teachers to independently teach civil case analysis and criminal case analysis courses. These judges used cases they had personally adjudicated as teaching materials, integrating substantive and procedural law. They not only explained the legal principles and norms involved but also taught legal application methods and judicial skills for handling complex issues, allowing students to experience the judicial process firsthand. This initiative has yielded excellent teaching results. It not only benefits the practical skill development of law students and bridges the gap between legal education and judicial examinations but also contributes positively to the cultivation of expert judges.
Guided by the principles of collaborative education and the full utilization of judicial resources to serve legal education and train highly qualified, comprehensive law students, the School of Law at Xiamen University has once again partnered with the Xiamen Intermediate People's Court and collaborated with the Civil Trial Second Hall of the Fujian Provincial High People's Court, the Xiamen Maritime Court, the Quanzhou Intermediate People's Court, and the Ningde Intermediate People's Court to organize the writing of this "New Judicial Case Commentaries Series." It aims to provide law students with a case textbook that connects theory with practice and reflects the latest judicial dynamics.
The cases in this series are carefully selected from tens of thousands of cases adjudicated by these courts in recent years. They are not only fresh in content but also representative, fully reflecting the latest developments in legal relationships and judicial practice amid China's societal changes. Following the basic approach of combining principle explanation with problem resolution, we have instructed authors to not only elaborate on the foundational legal principles relevant to each case but also conduct in-depth theoretical analysis of the difficulties and ambiguities involved. Therefore, this series is not only helpful for law students in learning law but also beneficial for general readers in understanding legal knowledge and current judicial approaches to legal issues.
Leaders and judges from the Fujian Provincial High People's Court, Xiamen Intermediate People's Court, Xiamen Maritime Court, Quanzhou Intermediate People's Court, and Ningde Intermediate People's Court have enthusiastically supported the writing of this series, and leaders from Xiamen University Press have provided full assistance in its publication. On behalf of the series editorial committee, I extend my heartfelt gratitude to them. Without their support and assistance, we would not have been able to complete this work smoothly.