Essentials of the Guarantee Law and Reference Guide--Series of Advanced Assistants for Legal Professionals

Author: Sun Peng, Editor-in-Chief
Publisher:
Publishing Date: 2005-01-01
Features: Considering the breadth of coverage and the key and challenging issues in judicial practice, this series of books has selected eighteen commonly used legal categories and compiled them individually. Each book in the series presents discussions on issues within its respective legal category, divided into two parts: "Essentials" and "Basis Guidance." The "Essentials" section includes questions (main purposes of provisions) set according to current legal documents and other difficult issues summarized from judicial practice. On the surface, these questions may not appear as targeted as those in Q&A or case-based formats, and some even resemble dry terms. However, these questions are precisely the "points" of each legal category, as any issue in a specific legal category in practice can be categorized under these "points." The content of these questions is not written in the lengthy style of academic monographs or papers but is presented in the form of expert opinions, concisely explaining legal principles and highlighting key considerations in judicial practice.
The "Basis Guidance" section provides as comprehensive a list as possible of the specific legal bases related to each question. In China, legal bases are multi-tiered, including laws passed by the National People's Congress and its Standing Committee, administrative regulations, departmental rules, and normative documents issued 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 hold the highest authority. However, some legal provisions are relatively general, and the interpretation and handling of many practical issues require supplementary guidance from administrative and judicial authorities. Therefore, the "Basis Guidance" section clearly lists the names, publication dates, and issuing departments of all relevant bases, along with the specific provisions applicable to each essential question. (For some longer questions or those involving uncommon professional issues that require referencing the full text of the basis, space constraints have led us to omit the specific provision content. Readers can find this information in the relevant questions later in the series or in other legal compendiums.)
With the clear framework of the "Essentials" questions, authoritative expert opinions on legal principles, and detailed, specific legal bases, the series has formed a complete and coherent structure for each legal category. We believe that this innovative format for legal books can largely meet the practical needs of legal professionals and serve as a convenient and useful reference.
It should be noted that due to the wide range of legal categories covered in this 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 consistency in the compilation format, there are noticeable differences in language style and expression across the books. Additionally, the cutoff date for the materials used in this series is November 2004. We hope that experts and legal practitioners will provide timely and valuable feedback on the issues mentioned above so that they can be revised and corrected in future editions.