Administrative Law and Administrative Procedure Law Case 21st Century University Law Series Basic Textbook. Case Teaching Book Second Edition

Author: Ye Bifeng Xu Chen
Publisher:
Publish Date: 2004-12-01
Features: The distinctive feature of this book lies in the authenticity and typicality of the selected cases. We believe that as cases in case-based teaching materials, they should be real, indeed occurring events, rather than hypothetical or imagined ones. We found that in some works, the examples cited are based on hypothetical assumptions derived from knowledge and principles. Such assumptions cannot genuinely illustrate the practical application of knowledge and principles; they can only represent possibilities. Moreover, since they are hypothetical, one cannot exhaustively imagine them, often leading to analyses and comments lacking solid premises. This still focuses on explaining principles and knowledge rather than applying them in practice, thereby failing to subject the results of thinking—i.e., knowledge and principles—to practical testing through case judgments. From an academic perspective, this is something that should be avoided. To demonstrate this authenticity, we have indicated the source for each case. At the same time, doing so is also to respect the efforts of the original case compilers. We believe that cases in case-based teaching materials should be typical. Therefore, from the outset of writing, we required the authors to select cases as much as possible from The Gazette of the Supreme People's Court, Judicial Cases Selected by the Supreme People's Court China Application Law Research Institute, and China Judicial Case Reviews compiled by the China Senior Judges Training Center (now the National Judges College) and the Law School of Renmin University of China. Cases can only be selected from other literature sources when they cannot be found in the aforementioned publications. Overall, we have largely met this requirement. Of course, the typical cases we refer to here are those that can clearly and sufficiently illustrate a particular principle or knowledge point. Sometimes, such cases are not easily found. On one hand, this is due to the lack of a comprehensive and published system for compiling and releasing case judgments in our country. On the other hand, some knowledge and principles are rarely reflected in cases, or certain issues have not yet entered the litigation process. For example, at present, Chinese courts cannot review the legality of administrative legislative acts, making it more difficult to use more cases to explain and analyze knowledge and principles in this regard. Of course, there may also be factors related to the authors' own information resources. Due to the above reasons, this book may not fully align with the original intention of its compilation. This is something we will continue to strive for in the future. Although the case system in this book is arranged as much as possible in the order of administrative law principles, it is not divided into chapters or sections due to the same reasons, as well as the fact that a single case often involves multiple principles. Additionally, the writing style and format of this book are consistent. Of course, regarding the tone and expression, although it has been uniformly edited, some differences may still exist.