Execution of Legal Essentials and Basis Guidance -- Legal Professionals Advanced Assistant Book Series

Author: Huang Xuan (Editor)
Publisher:
Publishing Date: 2005-01-01
Features: From the content of the manuscript, it can be seen that the compilers of this series started from the needs of readers and put in considerable effort. Although there are still shortcomings in aspects such as "Essential Topics," "Expert Opinions," and "Basis Guidance," this newly formatted legal book series provides a basic framework for legal professionals to quickly find relevant information, truly serving as a reliable assistant. Considering the breadth of coverage and the key and difficult issues in judicial practice, the first batch of this book series selected eighteen commonly used legal categories for separate book compilation. Each book in the series is organized into two parts for the issues listed under each legal category: "Essential Topics" and "Basis Guidance."
The "Essential Topics" are questions (main purposes of provisions) set according to current legal documents and summaries of other difficult issues that may arise in judicial practice. On the surface, these topics may not seem as targeted as question-and-answer or case-based questions, and some even resemble dry terms. However, these topics are actually the "points" of each legal category, and any issue in a particular legal category in practice can be categorized under these "points." The writing of the topics is not as lengthy as academic monographs or papers but is presented in the form of expert opinions, concisely explaining legal principles and highlighting issues to be noted in judicial practice.
The "Basis Guidance" section lists as comprehensively as possible the specific legal bases related to the topics. In China, legal bases are multi-tiered, including laws formulated by the National People's Congress and its Standing Committee, administrative regulations, departmental rules, and normative documents passed by the State Council and its departments, as well as judicial interpretations issued by the Supreme People's Court and the Supreme People's Procuratorate. Among these bases, laws naturally have the highest authority. However, some legal provisions are relatively general, and the understanding and handling of many specific issues in practice still require supplementary references from administrative and judicial departments. Therefore, the "Basis Guidance" section clearly identifies the names, publication dates, and issuing departments of all the above bases, along with the specific provisions applicable to the essential topics. (For some larger topics that require referencing the full text of the basis or involve uncommon specialized issues, to save space, we have only noted the names, publication dates, and issuing departments of the bases, omitting the specific provisions. Readers can find them in the specific topics later or in other legal compendiums.)
With the clear framework of the "Essential Topics," authoritative expert opinions on legal principles, and detailed, specific legal bases, the complete format of each legal category in the series is formed. We believe that this innovative format for legal books can largely meet the practical needs of legal professionals and will become their convenient and practical assistant.
It should be noted that due to the wide range of legal categories covered by this book series, the workload of compilation was substantial. The authors involved came from various sectors, including judicial practice, teaching, and research, belonging to different industries and professions. Although we strove for uniformity in the compilation format, there are still noticeable differences in language style and expression among the different books. Additionally, the cut-off date for the materials used in this series is November 2004.
Regarding the issues mentioned above, we hope that experts and readers engaged in legal practice will provide us with valuable feedback in a timely manner so that they can be revised and corrected in the event of a second edition.