China Court Case Review [2005 Administrative Court Case Volume]

Author: Xiao Yang
Publisher:
Publishing Date: 2006-07-01
Features: To reflect the general picture of China's judicial work, guide judicial practice, promote legal research, and introduce the achievements of China's legal system construction and law enforcement standards to domestic and international audiences. At the same time, it also provides valuable reference materials for Chinese judicial workers, legislative workers, as well as teaching and research personnel. In 1991, the Supreme People's Court of China and the China Advanced Judges Training Center decided to jointly compile China's Judicial Case Selection, selecting and publishing cases annually from various types of cases adjudicated by courts at all levels across the country in four volumes: Criminal Judicial Cases, Civil Judicial Cases, Commercial Judicial Cases, and Administrative Judicial Cases. Due to the limited number of intellectual property judicial cases and transportation judicial cases, which were insufficient to form independent volumes, they were categorized and included in the Commercial or Criminal volumes based on their case nature. Over the past decade, with the deepening of China's reform and opening-up, socialist democracy and legal system construction have made significant progress, and at the same time, the judicial work of the courts has also advanced greatly. In addition to criminal and civil trials, economic trials and administrative trials, as well as transportation trials, have been gradually carried out. Courts across the country now handle approximately 3 million first-instance cases annually. The judicial process has become increasingly refined, and the quality of judicial work has continuously improved. We believe it is necessary to systematically select and compile court judicial cases to introduce the situation of China's judicial practice to domestic and international audiences, showcase the achievements of China's legal system construction, and provide valuable reference materials for Chinese judicial workers, legislative workers, as well as teaching and research personnel. To this end, the China Advanced Judges Training Center and the Law School of Renmin University of China jointly cooperate to select and compile a comprehensive judicial case annual since 1992, including cases adjudicated in the previous year. Each volume consists of Criminal Judicial Cases, Civil Judicial Cases, Economic Judicial Cases, and Administrative Judicial Cases, totaling four volumes. Due to the limited number of transportation judicial cases, which were insufficient to form independent volumes, they were categorized and included in the Economic and Criminal volumes based on their case nature. The title of the book is China's Judicial Case Selection. During the compilation process of this book, the facts of the cases, the judicial process, the grounds for judgment, and the results of handling are fully respected in accordance with the actual case handling, ensuring objectivity and authenticity. To facilitate readers in understanding the specific judicial process, the book includes the judicial bodies at each level, the parties involved in the lawsuit, the time of adjudication, the claims of both sides, the identified case facts, the evidence accepted, and the applicable legal provisions. To help readers better understand the reasons for applying the law and the relevant legal theory perspectives involved, the compilers have written explanations and commented on any shortcomings in the judgments. Some versions also include brief legal term explanations in appendices. China's Judicial Case Selection is currently the most authoritative judicial case reference book published in China. The cases in China's Judicial Case Selection are written by outstanding judges with extensive judicial experience from courts across the country. Their characteristics are as follows: First, the cases are objective and authentic. The authors fully respect the actual case handling in writing the facts of the cases, the judicial process, the grounds for judgment, and the results of handling. At the same time, the cases include the judicial bodies at each level, the parties involved in the lawsuit, the time of adjudication, the claims of both sides, the identified case facts, the evidence accepted, and the applicable legal provisions, making the writing highly objective, authentic, and authoritative. Second, the case commentaries are authoritative. Each case is accompanied by insightful comments from relevant legal experts, explaining any shortcomings in the judgment and helping readers better understand the reasons for applying the law and the legal theory perspectives involved. Third, the materials are comprehensive. The judicial case selection includes typical cases of criminal, civil, economic, and administrative nature that occurred within the year, providing a wealth of reference materials for legislative, judicial, teaching, and research personnel. The "2005 Administrative Judicial Cases Volume" includes 74 typical cases related to public order, transportation administration, industrial and commercial administration, financial and tax administration, housing and land administration, labor, personnel, and social security administration, marriage and family planning administration, education administration, quality supervision, technical supervision, customs administration, fire administration, and administrative compensation.