Basic Commercial Court Judgments - Issue No. 1, 2006 Volume

Author: Compiler: Long Guangwei
Publisher:
Publish Date: 2006-12-01
Features: The Chinese philosopher Mencius once said, "Merely being good is not enough for governance, and merely having laws is not enough for them to function on their own. The making and application of laws depend on the laws, while their promotion and implementation depend on people." Law is not merely a matter of thought; it should also be a matter of practice. This is why there is a distinction between "law in books" and "law in action." In China, which is deeply influenced by the civil law tradition, it is only by transforming "law in books" into "law in action" that law can truly come to life. In this sense, the judicial practices of courts are a significant driving force for the development of law. In the judicial activities of courts at all levels, we must pay particular attention to the activities of grassroots courts. This is because, on a global scale, a country's grassroots courts, whether in terms of quantity or caseload, are unparalleled by courts at other levels. Statistics show that China currently has 3,135 grassroots courts and 12,075 people's courts. The caseload and workforce of grassroots courts account for 80% of the entire judicial system, and their caseload is growing at a rate of 30% per year, with this trend being more pronounced in economically developed regions. It is clear that grassroots courts hold a unique and important position. I have always highly valued the theoretical discourse and judicial cases that embody the wisdom of grassroots court judges. In my view, the significance of grassroots courts lies in their exposure to a wide variety of case types and their broad scope, making them key to achieving "judicial fairness and serving the people." Most new and complex cases also originate from grassroots courts, which makes their judgments and judicial practices of great importance. On one hand, from the perspective of substantive law, new and complex cases can reflect emerging legal needs in social life. This is beneficial for improving the interpretation of law and innovating the legal system, thereby promoting the development of legal studies and, to some extent, compensating for the lag in legislation. On the other hand, from the perspective of procedural law, grassroots courts, due to their high caseload and constrained by the time limits for trials, are encouraged to actively explore reforms in judicial methods to enhance efficiency. This has led to increasingly refined institutional development in areas such as the simplified procedure system, the small claims procedure system, and reforms in trial procedures.
The Nanshan District People's Court of Shenzhen is located in Nanshan District, Shenzhen, a forefront of China's reform and opening-up, adjacent to Hong Kong and Macao, and enjoys a unique geographical advantage. Since its establishment in 1990, the court has developed rapidly and achieved remarkable results, earning honors such as "Advanced Unit in National Spiritual Civilization Construction" and "Advanced Unit in National Judicial Ideological and Publicity Work." It has been awarded "First-Class Collective Merit" by both the Supreme People's Court and the Guangdong High People's Court, making it one of Shenzhen's advanced courts. In recent years, the court has actively engaged in close cooperation with the academic community in civil and commercial trial practices and procedural reforms, conducting extensive and in-depth explorations with significant outcomes. The Grassroots Civil and Commercial Trial reflects the court's theoretical exploration and innovative spirit. Its inaugural issue features special sections on commercial cases involving Hong Kong and Macao, corporate law, insurance law, foreign judicial practices, procedural law, and typical cases, serving as a valuable summary of the court's recent explorations in these areas. Published annually, the journal invites submissions from grassroots courts and law schools across the country, aiming to promote the development of Chinese legal studies, the construction of the legal system, and the improvement of the rule of law through the collaboration of academia and practice. This is commendable, and it is with this intention that I write this preface, also serving as an introduction to my colleagues.