China's Court Case Digest: 2005 Administrative Court Cases Volume

Author: Law School of Renmin University of China
Publisher:
Publishing 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, as well as teaching and research personnel. In 1991, the Supreme People's Court's China Senior Judges Training Center and the Law School of Renmin University of China decided to jointly compile China's Judicial Case Selection, selecting and publishing some cases from various types of cases adjudicated by courts at all levels across the country in four volumes annually: 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 case examples and transportation judicial case examples, which were insufficient to form independent volumes, they were categorized and compiled into the Commercial Volume or Criminal Volume, etc., 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 made great strides. 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. 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 to introduce the situation of China's judicial practice 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 Senior 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 case examples, which were insufficient to form independent volumes, they were categorized and compiled into the Economic and Criminal Volumes based on the nature of the cases. 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 fully respect the actual cases, ensuring objectivity and authenticity. To facilitate readers in understanding the specific judicial process, it includes the trial bodies at each level, litigants, trial time, the claims of both parties, the identified facts of the case, the evidence adopted, 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 cases in writing, including 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 trial bodies at each level, litigants, trial time, the claims of both parties, the identified facts of the case, the evidence adopted, and the applicable legal provisions, making the writing highly objective, authentic, and authoritative. Second, the case analyses are authoritative. Each case is accompanied by insightful comments from relevant legal experts, explaining any shortcomings in the judgments and helping readers better understand the reasons for applying the law and the legal theory perspectives involved. Third, the data is 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 Case Volume" includes 74 typical cases related to public security, 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.