China's Court Case Digest [Civil Court Cases Volume 2005]

Author: Zhang Guoping
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 level to domestic and foreign audiences; at the same time, to provide valuable reference materials for Chinese judicial workers, legislative workers, and 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 Selections, selecting and publishing cases annually from various types of cases adjudicated by courts at all levels across the country in four volumes: Criminal Judicial Case Volume, Civil Judicial Case Volume, Commercial Judicial Case Volume, and Administrative Judicial Case Volume. Due to the limited number of intellectual property judicial cases and transportation judicial cases, which were insufficient to form independent volumes, they were compiled into the Commercial Volume or Criminal Volume based on the nature of the cases. 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. The courts across the country now handle approximately 3 million first-instance cases annually. The trial procedures have 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, introduce the practice of Chinese judicial trials to domestic and foreign audiences, and showcase the achievements of China's legal system construction; at the same time, to provide some valuable reference materials for Chinese judicial workers, legislative workers, and teaching and research personnel. For this purpose, the China Advanced Judges Training Center① and the Law School of Renmin University of China jointly cooperate to select and compile an annual comprehensive judicial case selection starting from 1992, including cases adjudicated in the previous year. Each part consists of the Criminal Judicial Case Volume, Civil Judicial Case Volume, Economic Judicial Case Volume, and Administrative Judicial Case Volume, totaling four volumes. Due to the limited number of transportation judicial cases, which were insufficient to form independent volumes, they were compiled into the Economic and Criminal Volumes based on the nature of the cases. The title of the book is China's Judicial Case Selections. In the process of compiling this book, we fully respect the actual case facts, trial process, judgment reasons, and handling results, ensuring objectivity and authenticity. To facilitate readers in understanding the specific trial process, we include the trial organizations at each level, parties involved in the lawsuit, trial time, claims of both sides, identified case facts, evidence accepted, and applicable legal provisions. To help readers better understand the reasons for applying the law and the relevant legal theory viewpoints involved, the compilers provide explanations and comment on any shortcomings in the judgments. Some versions also include brief legal term explanations in appendices.