Selected Cases from the Supreme People s Court of the People s Republic of China

This book includes focal and vital cases tried by presiding justices, guiding cases from the Supreme People's Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Guiding Cases, and Typical Cases, which will introduce readers to Chinese legal processes, legal methodology, and ideology in an intuitive, clear, and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People's Court, and to achieve the goal of serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving legal exchanges among Chinese and foreign legal communities, and serving the rule of law in China, the China AppliedJurisprudence Institute, with the approval of the Supreme People's Court, opts to publish Selected Cases from the Supreme People's Court of the People's Republic of China in both Chinese and English, for domestic and overseas distribution.

Presents cases which are strictly selected by the trial departments of the Supreme People's Court Demonstrates the concept, achievements, and experience of socialist rule of law with Chinese characteristics Provides comparative research on Chinese and foreign cases

Autorentext

As the highest judicial organ of the country, the Supreme People s Court of the People s Republic of China has adjudicated a great number of vital and focal 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 international legal exchanges among Chinese and foreign legal communities, and serving the rule of law in China, the China Applied Jurisprudence Institute, on approval of the Supreme People s Court, has decided to organize the compilation of 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.

Klappentext

This book includes focal and vital cases tried by presiding justices, guiding cases from the Supreme People s Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Guiding Cases, and Typical Cases, which will introduce readers to Chinese legal processes, legal methodology, and ideology in an intuitive, clear, and accurate manner. This book presents cases selected by the trial departments of the Supreme People s Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People s Court, and to achieve the goal of serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving legal exchanges among Chinese and foreign legal communities, and serving the rule of law in Chinä, the China AppliedJurisprudence Institute, with the approval of the Supreme People s Court, opts to publish Selected Cases from the Supreme People s Court of the People s Republic of China in both Chinese and English, for domestic and overseas distribution.

Inhalt
Chapter 1: Lianqi Development Co., Ltd. v. Shanghai Baoye Group Corp., Ltd., Sakai SIO InternationalGuangzhouCo., Ltd. et al. (Appeal against Jurisdictional Objection in Dispute over Infringement of Patent for Invention): The Principle of Two Conveniences and the Mechanism of Leapfrog Appeal shall be Fully Considered when Confirming the Jurisdiction of Non-infringement and Infringement of Patent.- Chapter 2: Shanxi Coal International Energy Group Jincheng Co., Ltd. v. China CITIC Bank Co., Ltd. Xi'an Branch, Shaanxi Petroleum & Chemical Corporation Co., Ltd. (Dispute over Contract): In a Confirming Warehouse Transaction Without Real Trade Background, the Real Legal Relationship Among the Buyer, Seller, and the Bank Shall be Found to be the Relationship of Loan and Guaranty Contract.- Chapter 3: Xinjiang Longmei Energy Co. Ltd. v. Zheng X (Dispute over Equity Transfer Contract): Changed Circumstances Shall not Be Claimed to Rescind the Contract Concluded When a Party Clearly Knowing the Risk.- Chapter 4: Ping An Bank Co., Ltd. Beijing Branch, and Beijing Gold Exchange Co., Ltd. et al v. Hainan Jinfenghuang Hotspring Resort Co., Ltd., Beijing Xinyupeng Mechanical & Electrical Engineering Co., Ltd. et al (Dispute over Loan Contract): The Effect of Issuing a Blank Guaranty Contract Stamped with the Official Seal, and the Issue That a Guaranty Provider May Be Exempted Within the Scope of the Pledge Waived by Its Pledgee.- Chapter 5: China Nonferrous Metal Industry's Construction Co., Ltd. v. Hengfeng Bank Co., Ltd. Ningbo Branch and defendants in the first instance, Ningbo Zhong Ren Hong Electronics Co., Ltd. and Ningbo Gang Di Trade Co., Ltd. et al. (Disputes over the Issuing of Letter of Credit and the Right of Recourse) : Instruments Debtors Shall not Protest Against the Pledgee on the Ground of Protesting Against the Pledgor.- Chapter 6: Xinjiang Hua Cheng An Ju Real Estate Development Co., Ltd. v. China Railway Construction Bridge Engineering Bureau Group Co., Ltd. (Dispute over Contract for the Undertaking of Construction Projects): on Application of Good Faith Principle in Finding the Validity of Contract.- Chapter 7: LC Securities Co., Ltd. and Eastern Gold Jade Co., Ltd. v. Yunnan Xinglong Industry Co., Ltd. and Zhao X et al. (Dispute over a Suretyship Contract): The Scope of Security Liability Assumed by the Security Provider Shall be Limited to the Scope of the Principal Obligation.- Chapter 8: Bank of DaLian Co., Ltd. v. Dalian Branch of China Railway Modern Logistics Technology Co., Ltd. and Jinzhou Zuoyuan Sugar Foods Co., Ltd. et al. (Dispute over a Loan Contract): Pledge in Movable Property May not be Created by Possession Reformulation.- Chapter 9: Sichuan Zhongding Construction Engineering Co., Ltd. v. Zhu X and Natural Resources Bureau of Wulan County (Dispute over Contract for the Undertaking of Construction Projects): In a De Facto Juristic Relation, the Actual Builder May Claim Project Payments Directly with the Party Offering the Contract.- Chapter 10: Fujian Tinghu Real Estate Group Co., Ltd. v. Natural Resources Bureau of Xianyou County (Dispute over a Contract for Transfer of State-owned Construction Land Use Right): In Case of Breach of Contract due to Objective Reasons, the Liquidated Damages Clause Shall be Applied Primarily to Cover the Loss.- Chapter 11: Wang X V. Bazhou Sairui Machinery & Equipment Installation Co., Cao X(A) (Dispute over Change of Registration): The Claim of the Resigned Legal Representative for the Registration of the Change of the Legal Representative of Company Shall, Absent Other Remedies, Be Accepted by the Court.- Chapter 12: Peng X V. Chengdu Rural Commercial Bank Co., Ltd. Cuqiao Subbranch, Chen X, et al. (Dispute over Suretyship agreement): Impact on the Liability of Other Guarantors Involved of Creditor's Waiver in Mixed Security of Security in Rem as Provided by Debtor.- Chapter 13: Hubei YAS Commercial Chain Co., Ltd. V. Danyang Yongsheng Motor Transport Co., Ltd. (Dispute over Tort Liability): Criteria for the Determination of Erroneous Application for Property Preservation.- Chapter 14: Jiang X, Chen X, el al. V. Lin X, Weng X(A)., et al. (Dispute over Objection to the Enforcement of Judgment): Determination on the Time When the Seizure Ruling and the Notice …