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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.
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
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
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.
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
Administrative Enactments
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.
Criminal Enactments
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 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.
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.
Procedural Enactments
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