Civil Law Cases and Academic Research of China (General Principles Part)

Author: Wang Liming, Editor-in-Chief
Publisher:
Publish Date: 2004-06-01
Features: With the increasing emphasis on case law in civil law systems and the strengthening of statutory law legislation in common law systems, the two legal systems are gradually blending their respective characteristics and becoming more similar. The trends in the development of rule of law in the world today indicate that case law has not faded away amidst the vast body of statutes and laws due to the advancement of codified law. On the contrary, the role of case law in the creation, interpretation, and filling of legal loopholes has made its position more prominent than ever before. Case studies refer to the academic analysis of representative cases to identify the successes and shortcomings of legislation, thereby seeking ways to fill legal loopholes and exploring the improvement of the legislative system through the organization of cases. Through case-based teaching, not only does it make the presentation of theories more vivid and inspiring, but it also helps learners quickly grasp abstract legal principles and apply them flexibly, with the ability to generalize from specific examples. Since the publication of the series "Chinese Civil Law Cases and Theoretical Research," it has been well-received by a broad readership and has been reprinted multiple times. In recent years, the emergence of new theoretical achievements and practical experiences has led us to systematically and comprehensively revise this series. The basic methods of this revision are as follows: First, conduct in-depth discussions on specific issues and cases in accordance with newly published laws and judicial interpretations, combining practical situations to propose solutions. Second, select new cases, conduct new research and explanations in conjunction with new laws, regulations, and judicial interpretations, interpret legal principles, and propose judicial countermeasures. Third, integrate the content of the series, while respecting the original format and arrangement of the series, make appropriate adjustments to ensure a clear system and proper format, facilitating reading and use.