China's Judicial Case Selection: 2005 Civil Court Cases Volume

Author: Renmin University of China Law School and others
Publisher:
Publish Date: 2006-07-21
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, it also provides valuable reference materials for Chinese judicial workers, legislative workers, and teaching and research personnel. In 1991, the Supreme People's Court China Advanced Judges Training Center and the Law School of Renmin University of China decided to jointly compile China's Judicial Case Collection, 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, while at the same time, the judicial work of the courts has also advanced greatly. In addition to criminal and civil trials, economic 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 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 to introduce the judicial practices of China to domestic and foreign audiences, showcasing the achievements of China's legal system construction; at the same time, it also provides 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 collection starting from 1992, including cases adjudicated in the previous year. Each volume consists of 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 book is titled China's Judicial Case Collection. During the compilation process of this book, the facts of the cases, the judicial process, the reasons for the judgments, and the results of handling are fully respected based on the actual cases, ensuring objectivity and authenticity. To facilitate readers in understanding the specific judicial process, information on the judicial bodies at each level, parties involved in the lawsuit, the time of adjudication, the claims and determinations of the plaintiff and defendant, the evidence accepted, and the applicable legal provisions are included. 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 editions also include brief legal term explanations in appendices.