China Letter of Credit and Trade Finance Law (Cases and Materials)

Author: Jin Saibo
Publisher:
Publishing Time: Not available
Features: The judgments in the case documents reflect the authenticity of the cases and have high credibility. The cases are classified scientifically by topic, making it convenient for readers to use and retrieve. Keywords are arranged into an index for easy use, learning, and research. It is especially important to remind readers that the cases included in this book, as well as the way and logic of the author editing the cases, do not indicate the author's approval of all the cases included in the book. On the contrary, frankly speaking, the author often has different opinions on some of the cases included in the book. However, since these are case judgments and have already been made and published by judges, they are printed as they originally were. Whether the judgment results are right or wrong, whether the judgment language is good or bad, will be tested by time and history, and repeatedly discussed and tested by practitioners, lawyers, other judges, scholars, and students. There will be public opinion on whether they are right or wrong, good or bad. After decades, people will remember the names of those fair and knowledgeable judges, and also mention those erroneous and ridiculous judgments. This is approximately the benefit brought by the case law system of common law in the Anglo-American legal system. Judgment documents are products produced by judges, and the quality of these products is something judges themselves are held accountable for throughout their lives. I have heard judges complain on more than one occasion about interference and pressure from above, which prevents them from making judgments based on their conscience and free will. I doubt the truthfulness of this statement and suspect it is an excuse to shirk responsibility. If this is the case, the situation is not only tragic, but the result will be that many of the judgments included in this book are not the true opinions of the judges who wrote them. And these judgment results concern the personal safety and livelihood of ordinary people and enterprises, affecting their survival and death.