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Selected Cases From The Supreme People's Court of The People's Republic of China: Volume 1 China Institute of Applied Jurisprudence Ready To Read

This document presents 'Selected Cases from the Supreme People’s Court of the People’s Republic of China: Volume 1', which aims to showcase significant legal cases and promote understanding of China's judicial system. The cases are curated by the Supreme People's Court and are intended to enhance legal education, facilitate international legal exchanges, and share China's judicial wisdom. The publication is available in both Chinese and English, highlighting the achievements and methodologies of the socialist rule of law in China.

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0% found this document useful (0 votes)
6 views149 pages

Selected Cases From The Supreme People's Court of The People's Republic of China: Volume 1 China Institute of Applied Jurisprudence Ready To Read

This document presents 'Selected Cases from the Supreme People’s Court of the People’s Republic of China: Volume 1', which aims to showcase significant legal cases and promote understanding of China's judicial system. The cases are curated by the Supreme People's Court and are intended to enhance legal education, facilitate international legal exchanges, and share China's judicial wisdom. The publication is available in both Chinese and English, highlighting the achievements and methodologies of the socialist rule of law in China.

Uploaded by

hemrindesic9261
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© © All Rights Reserved
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Library of Selected Cases from the Chinese Court

China Institute of
Applied Jurisprudence Editor

Selected Cases
from the Supreme
People’s Court
of the People’s
Republic of China
Volume 1
Library of Selected Cases from the Chinese
Court
This series focuses on telling Chinese legal stories in Chinese voices, vividly and
intuitively demonstrating the concept, achievements and real-world experience of
socialist rule of law with Chinese characteristics. In addition, it is intended to
further comparative research on Chinese and foreign cases, promote international
legal exchanges, and contribute Chinese judicial wisdom and judicial experiences to
global governance.
The cases presented in the series are strictly selected by the trial departments
of the Supreme People’s Court from their concluded cases, which include guiding
cases of the Supreme People’s Court; cases deliberated on by the Judicial
Committee of the Supreme People’s Court; and cases discussed at the Joint
Meetings of Presiding Judges from the various tribunals. These cases are of great
significance in terms of revealing or clarifying the application of legal rules,
establishing new methods of adjudication, and filling in legal loopholes or gaps.
The writers are the presiding judges for the respective cases, and possess substantial
experience in making judicial decisions. Their familiarity with the facts of the case,
legal thinking and reasoning, the decisional methodology and the application of the
law makes them ideally suited to conveying to readers the legal processes, legal
methodology and ideology in an intuitive, clear, and accurate manner.
This series aims to: a) improve the guiding case system and promote consistency
regarding the applicable standards of law; b) contribute to a harmonious society by
employing judicial rationality; and c) share China’s judicial wisdom with the rest
of the world and foster international legal exchanges.

More information about this series at http://www.springer.com/series/16437


China Institute of Applied Jurisprudence
Editor

Selected Cases
from the Supreme People’s
Court of the People’s
Republic of China
Volume 1

123
Editor
China Institute of Applied Jurisprudence
Beijing, China

Translated by
Daxuan Zheng Lin Sun
Southwest University of Political Southwest University of Political
Science and Law Science and Law
Chongqing, China Chongqing, China

Benlin Niu Jing Duan


Southwest University of Political Southwest University of Political
Science and Law Science and Law
Chongqing, China Chongqing, China

Bo Peng Jinyan Li
Southwest University of Political Chongqing University of Posts
Science and Law and Telecommunications
Chongqing, China Chongqing, China

Yi Zheng
Southwest University of Political
Science and Law
Chongqing, China

ISSN 2662-5261 ISSN 2662-527X (electronic)


Library of Selected Cases from the Chinese Court
ISBN 978-981-15-0341-2 ISBN 978-981-15-0342-9 (eBook)
https://doi.org/10.1007/978-981-15-0342-9
Jointly published with Law Press China
The print edition is not for sale in China Mainland. Customers from China Mainland please order the
print book from: Law Press China.

© Law Press China 2020


This work is subject to copyright. All rights are reserved by the Publishers, whether the whole or part
of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations,
recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission
or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar
methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this
publication does not imply, even in the absence of a specific statement, that such names are exempt from
the relevant protective laws and regulations and therefore free for general use.
The publishers, the authors, and the editors are safe to assume that the advice and information in this
book are believed to be true and accurate at the date of publication. Neither the publishers nor the
authors or the editors give a warranty, express or implied, with respect to the material contained herein or
for any errors or omissions that may have been made. The publishers remain neutral with regard to
jurisdictional claims in published maps and institutional affiliations.

This Springer imprint is published by the registered company Springer Nature Singapore Pte Ltd.
The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721,
Singapore
Preface

Sitting at the top of the judicial hierarchy in this country, the Supreme People’s
Court of the People’s Republic of China has adjudicated a great number of vital and
hard cases each year, which has greatly exerted enormous influence on the rule of
law in China and contributed Chinese judicial wisdom to the world. In order to give
full play to the legal value and social functions of the Supreme People’s Court
cases, to achieve the goal of “serving the trial practices, serving economic and
social development, serving legal education and legal scholarship, serving inter-
national legal exchanges among Chinese and foreign legal communities, and
serving the rule of law in China”, the China Institute of Applied Jurisprudence, on
approval of the Supreme People’s Court, has made a decision of editing “Selected
Cases from the Supreme People’s Court of the People’s Republic of China” in both
Chinese and English languages since 2018 for domestic and overseas distribution.
The selected cases in the series are strictly sifted by the trial departments of the
Supreme People’s Court from their adjudicated cases, which include the guiding
cases of the Supreme People’s Court, the cases deliberated by the Judicial
Committee of the Supreme People’s Court, and the cases discussed at the Joint
Meetings of Presiding Judges from various tribunals. These cases are of typical
significance in revealing or clarifying the application of the legal rules, establishing
new methods of adjudication, filling in legal loopholes or gaps. The writers are the
presiding judges of these selected cases, who are experts in the trials at the Supreme
People’s Court. They have possessed profound legal attainments and rich experi-
ence in making judicial decisions. Their familiarity with the facts of the cases, legal
thinking and reasoning, the decisional methodology, and the application of laws has
enabled them to convey to readers the legal processes, legal methodology and
ideology in an intuitive, clear, and accurate manner.
The selected cases from the Supreme People’s Court of the People’s Republic of
China are subdivided into four sections: (a) Cases by Justices (judges next to the
Chief Justice in the court hierarchy), which are cases that have exerted profound
influence throughout the country and the world; (b) Selected Judicial Opinion(s),
which is (are) the excellent judgment documents that the Supreme People’s Court
has heard and which has (have) aroused widespread concern in the whole society

v
vi Preface

this year and affected the legal development of China; (c) “Hot Cases”, which are
the edge-cutting and hard cases that have aroused great concern of the public, to
function a role of early warning or predicting the legal issues in the hot spots; and
(d) “Representative Cases”, cases involving criminal, civil, commercial, intellectual
property, and administrative law, to reflect the latest endeavor and adjudication
of the Supreme People’s Court in various fields.
By modeling upon the layout and design of the case systems at home and
abroad, the editors, for the convenience of the readers, take into account the reading
habits of readers of different legal systems and use subtitles to identify accurately
the core legal issues and highlights of the case. The case layout includes such
elements as Title, Subtitle, Rule, Case Information, Essential Facts, Issue(s),
Holding, and Comment on Rule for reading or retrieval.
Through the publication of the series of Selected Cases from the Supreme
People’s Court of the People’s Republic of China, we hope to achieve the following
objectives: (a) to improve the guiding case system and promote the uniformity
of the applicable standards of law. Through systematically editing and publishing
the classic cases adjudicated by the Supreme People’s Court every year, we hope to
guide the trial practices of people’s courts at all levels to unify judicial standards, to
restrain the judicial discretions, to treat like cases alike, to promote justice, to
maintain legal unity, to establish the authority and confidence among the public
of the people’s courts, and to prevent effectively various legal risks; (b) to promote
a harmonious society by imparting the judicial rationality. By way of these cases,
people can be informed of adjudicative methodology and ideology as well as
authoritative positions held by the Supreme People’s Court toward the newer,
challenging, and complex issues in the current economic, cultural, scientific, and
social life so as to promote the rule of law, display fairer concept of justice, and
show due respect toward law; and (c) to contribute to the world China’s judicial
wisdom and help promote the international legal exchanges.
The series are to be published in Chinese and English languages, orienting at
telling Chinese law stories in Chinese voice, vividly and intuitively demonstrating
the concept, achievements and experience of socialist rule of law with Chinese
characteristics, furthering comparative research on Chinese and foreign cases,
promoting international legal exchanges, and contributing Chinese judicial wisdom
and judicial experiences to the global governance.

Editorial Board
December 2018
Editorial Instructions

As a great many laws and regulations and other legal texts are covered in this
volume, and most often they are used in their simpler form, three types, namely
laws, regulations, and judicial interpretations or other normative documents, are
classified for easy reading or retrieval.

Laws (Statutes Enacted by the National People’s Congress)

Constitutional Enactments

The Organic Law of the Local People’s Congress and Local People’s
Governments of the People’s Republic of China (Rev. 2015)
Hereinafter referred to as “Organic Law of Local Congresses and Local
Governments”; adopted at the Second Session of the Fifth National People’s
Congress on July 1, 1979, publicized by Order No.1 of the Chairman of the
Standing Committee of the National People’s Congress on July 4, 1979, imple-
mented on January 1, 1980; amended for the first time in accordance with the
Decision on Revising Certain Provisions of the Organic Law of the Local People’s
Congresses and Local People’s Governments of the People’s Republic of China,
adopted at the Fifth Session of the Fifth National People’s Congress on December
10, 1982; amended for the second time in accordance with the Decision on
Revising the Organic Law of the Local People’s Congresses and Local People’s
Governments of the People’s Republic of China, adopted at the Eighteenth Session
of the Standing Committee of the Sixth National People’s Congress on December 2,
1986; amended for the third time in accordance with the Decision on Revising the
Organic Law of the Local People’s Congresses and Local People’s Governments
of the People’s Republic of China, adopted at the Twelfth Meeting of the Standing

vii
viii Editorial Instructions

Committee of the Eighth National People’s Congress on February 28,1995;


amended for the fourth time in accordance with the Decision on Revising the
Organic Law of the Local People’s Congresses and Local People’s Governments
of the People’s Republic of China adopted at the Twelfth Meeting of the Standing
Committee of the Tenth National People’s Congress on October 27, 2004; and
amended for the fifth time in accordance with Decision on Revising the Organic
Law of the Local People’s Congresses and Local People’s Governments of the
People’s Republic of China, on Revising the Election Law of the National People’s
Congress and Local People’s Congresses of the People’s Republic of China, and on
Revising the Law of the People’s Republic of China on Deputies to the National
People’s Congress and to the Local People’s Congresses at Various Levels, adopted
at the Sixteenth Meeting of the Standing Committee of the Twelfth National
People’s Congress on August 29, 2015.

The Law of the People’s Republic of China on Legislation (Rev. 2015)


Hereinafter referred to as “Legislation Law”; adopted at the Third Session of the
Ninth National People’s Congress on March 15, 2000, revised at the Third Session
of the Twelfth National People’s Congress on March 15, 2015, in accordance with
the Decision on Revising the Legislative Law of the People’s Republic of China.

Anti-Terrorism Law of the People’s Republic of China (Rev. 2018)


Hereinafter referred to as “Anti-Terrorism Law”; adopted at the Eighteenth Session
of the Standing Committee of the Twelfth National People’s Congress on
December 27, 2015, and amended in accordance with the Decision on Revising the
Border Health and Quarantine Law of the People’s Republic of China and Five
Other Laws adopted at the Second Session of the Standing Committee of the
Thirteenth National People’s Congress on April 27, 2018.

Administrative Enactments

Land Administration Law of the People’s Republic of China (Rev. 2004)


Hereinafter referred to as “Land Administration Law”; adopted at the Sixthteenth
Session of the Standing Committee of the Ninth National People’s Congress of the
People’s Republic of China on June 25, 1986; revised in accordance with the
Decision on Amending Land Administration Law of the People’s Republic of
China; revised and adopted at the Fourth Session of the Standing Committee of the
Ninth National People’s Congress of the People’s Republic of China on August 29,
1998, implemented as of January 1, 1999; revised at the Eleventh Session of the
Standing Committee of the Tenth National People’s Congress on August 28, 2004.
Editorial Instructions ix

The Environmental Protection Law of the People’s Republic of China (Rev. 2014)
Hereinafter referred to as “Environmental Protection Law”; adopted at the Eleventh
Session of the Standing Committee of the Seventh National People’s Congress on
December 26, 1989, revised at the Eighth Session of the Standing Committee of the
Twelfth National People’s Congress on April 24, 2014.

Law of the People’s Republic of China on Administrative Reconsideration


(Rev. 2017)
Hereinafter referred to as “Administrative Reconsideration Law”; adopted at the
Ninth Meeting of the Standing Committee of the Ninth National People’s Congress
on April 29, 1999, publicized by the Presidential Order No. 16 of the People’s
Republic of China; implemented on October 1, 1999; the first revision made in
accordance with the Decision on Amending Certain Laws at the Tenth Meeting
of the Standing Committee of the Eleventh National People’s Congress on August
27, 2009, the second revision made in accordance with the Decision on Amending
Eight Laws of the People's Republic of China at the Twenty-Ninth Meeting of the
Standing Committee of the Twelfth National People’s Congress on September 1,
2017.

Criminal Enactments

The Criminal Law of the People’s Republic of China (Rev. 2017)


Hereinafter referred to as “Criminal Law”; adopted at the Second Session of the
Fifth National People’s Congress on July 1, 1979, by No. 5 Chairman Decree of the
Standing Committee of the National People’s Congress on July 6, 1979, and
implemented as of January 1, 1980; revised at the Fifth Session of the Eighth
National People’s Congress on March 14, 1997, announced by the Presidential
Order No. 83 of the People’s Republic of China on March 14, 1997; Amendment to
the Criminal Law of the People’s Republic of China on December 25, 1999;
Amendment to the Criminal Law of the People’s Republic of China (II) on August
31, 2001; Amendment to the Criminal Law of the People’s Republic of China
(III) on December 29, 2001; Amendment to the Criminal Law of the People’s
Republic of China (IV) on December 28, 2002; Amendment to the Criminal Law
of the People’s Republic of China (V) on February 28, 2005; Amendment to the
Criminal Law of the People’s Republic of China (VI) on June 29, 2006;
Amendment to the Criminal Law of the People’s Republic of China (VII) on
February 28, 2009; Amendment to the Criminal Law of the People’s Republic of
China (VIII) on February 25, 2011; Amendment to the Criminal Law of the
People’s Republic of China (IX) on August 29, 2015; Amendment to the Criminal
Law of the People’s Republic of China (X) on November 4, 2017.
x Editorial Instructions

Civil and Commercial Enactments

The Trademark Law of the People’s Republic of China (Rev. 2013)


Hereinafter referred to as “Trademark Law”; adopted by the Twenty-fourth Session
of the Standing Committee of the Fifth National People’s Congress on August 23,
1982; first revision in accordance with the Decision on Revising the Trademark
Law of the People’s Republic of China of the Thirtieth Session of the Standing
Committee of the Seventh National People’s Congress on February 22, 1993;
second revision in accordance with the Decision on Revising the Trademark Law
of the People’s Republic of China of the Twenty-fourth Session of the Standing
Committee of the Ninth National People’s Congress on October 27, 2001; third
revision in accordance with the Decision on Revising the Trademark Law of the
People’s Republic of China of the Fourth Session of the Standing Committee of the
Twelfth National People’s Congress on August 30, 2013.

The Patent Law of the People’s Republic of China (Rev. 2008)


Hereinafter referred to as “Patent Law”; adopted by the Fourth Session of the
Standing Committee of the Sixth National People’s Congress on March 12, 1984,
implemented as of April 1, 1985; first revision in accordance with the Decision on
Revising the Patent Law of the People’s Republic of China of the Twenty-seventh
Session of the Standing Committee of the Seventh National People’s Congress on
September 4, 1992; second revision in accordance with the Decision on Revising
the Patent Law of the People’s Republic of China of the Seventeenth Session of the
Standing Committee of the Ninth National People’s Congress on August 25, 2000;
third revision made in accordance with the Decision on Revising the Patent Law
of the People’s Republic of China of the Sixth Session of the Standing Committee
of the Eleventh National People’s Congress on December 27, 2008.

General Principles of Civil Law of the People’s Republic of China (Rev. 2009)
Hereinafter referred to as “General Principles of Civil Law”; adopted on April 12,
1986, by the Fourth Session of the Sixth National People’s Congress, implemented
as of January 1, 1987; revised at the Tenth Session of the Meeting of the Eleventh
National People’s Congress on August 27, 2009.

The Company Law of the People’s Republic of China (Rev. 2018)


Hereinafter referred to as “Company Law”; adopted by the Fifth Session of the
Standing Committee of the Eighth National People’s Congress on December 29,
1993; revised in accordance with the Decision on Revising the Company Law
of the People’s Republic of China by the Thirteenth Session of the Standing
Committee of the Ninth National People’s Congress on December 25, 1999; revised
in accordance with the Decision on Revising the Company Law of the People’s
Republic of China by the Eleventh Session of the Standing Committee of the Tenth
National People’s Congress on August 28, 2004; revised by the Eighteenth Session
of the Standing Committee of the Tenth National People’s Congress on October 27,
2005; revised in accordance with the Decision on Revising Seven Laws Including
Editorial Instructions xi

the Law of the People’s Republic of China on Protection of Marine Environment by


the Sixth Session of the Standing Committee of the Twelfth National People’s
Congress on December 28, 2013; revised in accordance with the Decision of the
Standing Committee of the National People’s Congress on Revising the Company
Law of the People’s Republic of China at the Sixth Session of the Standing
Committee of the Thirteenth National People’s Congress of the People’s Republic
of China on October 26, 2018.

The Commercial Banking Law of the People’s Republic of China (Rev. 2015)
Hereinafter referred to as “Commercial Banking Law”; adopted on May 10, 1995,
by the Thirteenth Session of the Eighth National People’s Congress; revised on
December 27, 2003, in accordance with the Decision on Revising the Commercial
Banking Law adopted by the Sixth Session of the Standing Committee of the Tenth
National People’s Congress; revised at the Sixteenth Session of the Standing
Committee of the Twelfth National People’s Congress on August 29, 2015, in
accordance with the Decision of the Standing Committee of the National People’s
Congress on Revising the Commercial Banking Law of the People’s Republic of
China.

The Security Law of the People’s Republic of China


Hereinafter referred to as “Security Law”; adopted on June 30, 1995, by the
Fourteenth Session of the Standing Committee of the Eighth National People’s
Congress.

The Contract Law of the People’s Republic of China


Hereinafter referred to as “Contract Law”; adopted at the Second Session of the
Ninth National People’s Congress on March 15, 1999.

The Trust Law of the People’s Republic of China


Hereinafter referred to as “Trust Law”; adopted on April 28, 2001, at the
Twenty-first Meeting of the Standing Committee of the Ninth National People’s
Congress, issued by the Presidential Order No. 50 of the People’s Republic of
China on April 28, 2001.

Enterprise Bankruptcy Law of the People’s Republic of China


Hereinafter referred to as “Enterprise Bankruptcy Law”; adopted at the
Twenty-third Session of the Standing Committee of the Tenth National People’s
Congress on August 27, 2006, to be implemented on June 1, 2007.

The Real Right Law of the People’s Republic of China


Hereinafter referred to as “Real Right Law”; adopted at the Fifth Session of the
Tenth National People’s Congress on March 16, 2007, publicized by the
Presidential Order No. 62 of the People’s Republic of China, implemented on
October 1, 2007.
xii Editorial Instructions

The Tort Law of the People’s Republic of China


Hereinafter referred to as “Tort Law”; adopted at the Twelfth Session of the
Standing Committee of the Eleventh National People’s Congress on December 26,
2009, to be implemented on July 1, 2010.

General Rules of the Civil Law of the People’s Republic of China


Hereinafter referred to as “General Rules of the Civil Law”; adopted at the Fifth
Session of the Twelfth National People’s Congress of the People’s Republic of
China on March 15, 2017, to be implemented on October 1, 2017.

Economic Enactments

Law of the People’s Republic of China against Unfair Competition (Rev. 2017)
Hereinafter referred to as “Law against Unfair Competition”; adopted at the Third
Session of the Standing Committee of the Eighth National People’s Congress on
September 2, 1993, publicized by the Presidential Order No. 10 of the People’s
Republic of China; revised at the Thirtieth Session of the Standing Committee
of the Twelfth National People’s Congress on November 4, 2017.

The Anti-monopoly Law of the People’s Republic of China


Hereinafter referred to as “Anti-monopoly Law”; adopted on August 30, 2007, at
the Twenty-ninth Session of the Standing Committee of the Tenth National
People’s Congress, publicized by the Presidential Order No. 68 of the People’s
Republic of China, implemented on August 1, 2008.

Procedural Enactments

Criminal Procedure Law of the People’s Republic of China (Rev. 2018)


Hereinafter referred to as “Criminal Procedure Law”; adopted at the Second Session
of the Fifth National People’s Congress on July 1, 1979, amended for the first time
in accordance with the Decision on Revising the Criminal Procedure Law of the
People’s Republic of China, adopted at the Fourth Session of the Eighth National
People’s Congress on March 17, 1996; amended for the second time in accordance
with the Decision on Revising the Criminal Procedure Law of the People’s
Republic of China, adopted at the Fifth Session of the Eleventh National People’s
Congress on March 14, 2012; amended for the third time in accordance with the
Decision on Revising the Criminal Procedure Law of the People’s Republic of
China, adopted at the Sixth Session of the Standing Committee of the Thirteenth
National People’s Congress on October 26, 2018.
Editorial Instructions xiii

Administrative Procedure Law of the People’s Republic of China (Rev. 2017)


Hereinafter referred to as “Administrative Procedure Law”; adopted on April 4,
1989, by the Second Session of the Seventh National People’s Congress; revised on
November 11, 2014 in accordance with the Decision of the Standing Committee
of the National People’s Congress on Revising the Civil Procedure Law of the
People’s Republic of China and the Administrative Procedure Law of the People’s
Republic of China; revised at the Twenty-eighth Session of the Standing Committee
of the Twelfth National People’s Congress on June 27, 2017, in accordance with the
Decision of the Standing Committee of the National People’s Congress on Revising
the Civil Procedure Law of the People’s Republic of China and the Administrative
Procedure Law of the People’s Republic of China.

Civil Procedural Law of the People’s Republic of China (Rev. 2017)


Hereinafter referred to as “Civil Procedural Law”; adopted at the Fouth Session
of the Standing Committee of the Seventh National People’s Congress on April 9,
1991, publicized by the Presidential Order No. 44 of the People's Republic of
China; revised for the first time in accordance with the Decision on Revising the
Civil Procedural Law of the People’s Republic of China of the Thirtieth Session
of the Standing Committee of the Tenth National People’s Congress on October 28,
2007; revised for the second time in accordance with the Decision on Revising the
Civil Procedural Law of the People’s Republic of China of the Twenty-eighth
Session of the Standing Committee of the Eleventh National People’s Congress on
August 31, 2012; revised for the third time in accordance with the Decision of the
Standing Committee of the National People’s Congress on Revising the Civil
Procedural Law of the People’s Republic of China and the Administrative
Procedure Law of the People’s Republic of China on June 27, 2017.

Regulations

Provisional Regulations of the People’s Republic of China on Urban and


Township Land Use Tax (Rev. 2013)
Hereinafter referred to as “Provisional Regulations on Urban and Township Land
Use Tax”; adopted at the Twelfth Session of the Standing Committee of the
People’s Republic of China, publicized by No. 17 Decree of the State Council
Order of the People’s Republic of China on September 27, 1988, implemented on
November 1, 1988; for the first time in accordance with the Decision of the State
Council on Revising the Provisional Regulations of the People’s Republic of China
on Urban and Township Land Use Tax on December 31, 2006; revised for the
second time in accordance with the Decision of the State Council on Repealing and
Revising Certain Administrative Regulations on January 8, 2011; revised for the
third time in accordance with the Decision of the State Council on Repealing and
Revising Certain Administrative Regulations on December 7, 2013.
xiv Editorial Instructions

Administrative Measures of the People’s Republic of China for Registration


of the Mining of Mineral Resources (Rev. 2014)
Hereinafter referred to as “Administrative Measures for Registration of the Mining
of Mineral Resources”; publicized by No. 241 Decree of the State Council Order
of the People’s Republic of China on February 12, 1998; revised in accordance with
the Decision of the State Council on Repealing and Revising Certain
Administrative Regulations on July 29, 2014.

Rules for Implementation of the Land Administration Law of the People’s


Republic of China (Rev. 2014)
Hereinafter referred to as “Rules for Implementing Land Administration Law”;
publicized on December 24, 1998, by No. 256 Decree of the State Council Order
of the People’s Republic of China; revised for the first time in accordance with the
Decision of the State Council on Repealing and Revising Certain Administrative
Regulations on January 8, 2011; revised for the second time in accordance with the
Decision of the State Council on Repealing and Revising Certain Administrative
Regulations on July 29, 2014.

Implementation Regulations for the Copyright Law of the People’s Republic of


China (Rev. 2013)
Hereinafter referred to as “Regulations on Implementing the Copyright Law”;
publicized by No. 359 Decree of the State Council Order of the People’s Republic
of China on August 2, 2002; revised for the first time in accordance with the
Decision of State Council on Repealing and Revising Certain Administrative
Regulations on January 8, 2011; revised for the second time in accordance with the
Decision of State Council on Revising the Implementation Regulations for the
Copyright Law of the People’s Republic of China on January 30, 2013.

Regulations of the People’s Republic of China on the Disclosure of


Government Information (Rev. 2019)
Hereinafter referred to as “Regulations on the Disclosure of Government
Information”; publicized by No. 492 Decree of the State Council Order of the
People’s Republic of China at the 165th Session of the Standing Committee on
January 17, 2007, implemented on May 1, 2008.

Regulations of the People’s Republic of China on the Expropriation of


Houses on State-Owned Land and Compensation
Hereinafter referred to as “Regulations on the Expropriation of Houses on
State-Owned Land and Compensation”; publicized by No. 590 Decree of the
State Council Order of the People’s Republic of China at the 141st Session of the
Standing Committee on January 19, 2011, implemented on the same date of
publication.
Editorial Instructions xv

The Provisional Regulations of the People’s Republic of China on Real


Property Registration
Hereinafter referred to as “Provisional Regulations on Real Property Registration”;
publicized by No. 656 Decree of the State Council Order of the People’s Republic
of China at the 656th Session of the Standing Committee on November 24, 2014,
implemented on March 1, 2015.

Judicial Interpretations and Other Normative Documents

Interpretation of the Supreme People’s Court on Certain Issues Concerning


the Application of the Contract Law of the People’s Republic of China (I) (SPC
JI [1999] No. 19)
Hereinafter referred to as “Judicial Interpretation of Contract Law (I)”; adopted at
the 1090th Session of the Judicial Committee of the Supreme People’s Court on
December 1, 1999, implemented on December 29, 1999.

Interpretation of the Supreme People’s Court on the Application of


Administrative Procedure Law of the People’s Republic of China (SPC JI
[2018] No. 1)
Hereinafter referred to as “Judicial Interpretation of the Application of
Administrative Procedure Law”; adopted at the 1088th Session of the Judicial
Committee of the Supreme People’s Court on November 24, 1999; publicized as of
March 8, 2000, and implemented as of March 10, 2000; invalidated as of February
28, 2018.

Interpretations of the Supreme People’s Court on Several Issues Concerning


the Application of the Security Law of the People’s Republic of China (SPC JI
[2000] No. 44)
Hereinafter referred to as “Judicial Interpretations of Application of the Security
Law”; adopted at the 1133rd Meeting of the Judicial Committee of the Supreme
People’s Court on September 29, 2000, announced on December 8, 2000, and
implemented on December 13, 2000.

Rules of the Supreme People’s Court on Evidence in Civil Procedures (SPC JI


[2001] No. 33)
Hereinafter referred to as “Rules on Evidence in Civil Procedures”; adopted at the
1201st Meeting of the Judicial Committee of the Supreme People’s Court on
December 6, 2001, announced on December 21, 2001, and implemented on April 1,
2002; adjusted in accordance with the Decision of the Supreme People’s Court on
Adjusting Judicial Interpretations and Other Documents Cited in the Civil
Procedure Law of the People’s Republic of China on December 16, 2008.
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