China's Judicial Case Selection (Volume of Administrative Court Cases, 2005)

Author: National College of Judges, Law School of Renmin University of China
Publisher:
Publish Date: 2006-10-02
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 level 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 of China and the China Senior Judges Training Center decided to jointly compile China's Judicial Case Collection, selecting some cases from various types of cases adjudicated by courts at all levels across the country each year and publishing them in four volumes: Criminal Trial Cases, Civil Trial Cases, Commercial Trial Cases, and Administrative Trial Cases. Due to the limited number of intellectual property trial cases and transportation trial cases, they were not sufficient to form separate volumes and were therefore compiled into the Commercial or Criminal volumes based on the nature of the cases. Over the past decade, with the deepening of China's reform and opening-up, socialist democracy and the rule of law have made significant progress, and at the same time, the judicial work of the courts has also made great strides. 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. Trial 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 trial cases to introduce the situation of China's judicial practice to domestic and foreign audiences and showcase the achievements of China's legal system construction. At the same time, it also provides valuable reference materials for Chinese judicial workers, legislative workers, and teaching and research personnel. To this end, the China Senior Judges Training Center and the Law School of Renmin University of China jointly cooperate to select and compile an annual comprehensive edition of trial cases starting from 1992, including cases adjudicated in the previous year. Each volume consists of Criminal Trial Cases, Civil Trial Cases, Economic Trial Cases, and Administrative Trial Cases, totaling four volumes. Due to the limited number of transportation trial cases, they were not sufficient to form separate volumes and were therefore compiled into the Economic and Criminal volumes based on the nature of the cases. The title of the book is China's Judicial Case Collection. During the compilation process of this book, the facts of the cases, the trial process, the grounds for judgment, and the results of handling fully respect the actual cases and are objective and authentic. To facilitate readers in understanding the specific trial process, the trial organizations at each level, litigants, trial time, the claims of both parties, the identified facts of the case, the evidence accepted, and the applicable legal provisions are included. To help readers better understand the reasons for applying the law and the relevant legal theories, the compilers have written explanations and commented on the shortcomings of the judgments. Some editions also include brief legal term explanations in appendices. China's Judicial Case Collection is currently the most authoritative judicial case reference book published in China. The cases in China's Judicial Case Collection are written by outstanding judges with extensive trial experience from courts across the country. Their characteristics are as follows: First, the cases are objective and authentic. The authors fully respect the actual cases in writing, including the facts of the cases, the trial process, the grounds for judgment, and the results of handling. At the same time, the cases include the trial organizations at each level, litigants, trial time, the claims of both parties, the identified facts of the case, the evidence accepted, and the applicable legal provisions, making this compilation highly objective, authentic, and authoritative. Second, the case analyses are authoritative. Each case is reviewed and commented on by relevant legal experts, explaining the shortcomings of the case judgments and helping readers better understand the reasons for applying the law and the relevant legal theories. Third, the data is comprehensive. The judicial collection includes typical cases of criminal, civil, economic, and administrative nature that occurred within the year, providing a wealth of reference materials for legislative, judicial, legal teaching, and research personnel. The "2005 Administrative Trial Cases Volume" includes 74 typical cases related to public security, transportation administration, industrial and commercial administration, financial and tax administration, housing and land administration, labor, personnel, social security administration, marriage and family planning administration, education administration, quality supervision, technical supervision, customs administration, fire administration, and administrative compensation.