China Judgments Review (Civil Court Cases Volume 2005)

Author: National Judicial College
Publisher:
Publishing Date: 2006-07-01
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 Selection, selecting and publishing cases annually from various types of cases adjudicated by courts at all levels across the country 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 independent volumes, they were categorized and included in the Commercial Volume or Criminal Volume, 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, while the judicial work of the courts has also advanced greatly. In addition to criminal and civil trials, economic trials 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 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 judicial cases to introduce the judicial practices of China 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 selection starting from 1992, including cases adjudicated in the previous year. Each part consists of the 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 independent volumes, they were categorized and included in the Economic and Criminal Volumes based on the nature of the cases. The title of the book is China's Judicial Case Selection. During the compilation process of this book, full respect is given to the actual case facts, trial process, grounds for judgment, and outcomes, ensuring objectivity and authenticity. To facilitate readers in understanding the specific trial process, information on the trial bodies at each level, parties involved in the lawsuit, trial completion time, claims and determinations of the plaintiff and defendant, evidence accepted, and applicable legal provisions are included. To help readers better understand the reasons for applying the law and the relevant legal theory perspectives involved, the compilers have written explanations and provided comments on any shortcomings in the judgments. Some editions also include brief legal term explanations in appendices.