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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 Applied Jurisprudence 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.
List of contents
Chapter 1: Anhui Foreign Economic Construction (Group) Co., Ltd.- v. Inmobiliaria Palacio Oriental S.A. For the Dispute over a Guarantee Fraud- Beneficiary's Default in the Underlying Transaction Does Not Necessarily Constitute an Independent Letter of Guarantee Fraud.- Chapter 2: Cai X v. Guangzhou Runping Commercial Co., Ltd. For the Dispute over the Right to New Varieties of Plants-Determination of Propagation Materials for New Varieties of Plants to Be Protected.- Chapter 3: Tax Evasion Case of Hubei Jieda Environmental Engineering Co., Ltd and Li X- Application of Laws for Not Prosecuting Criminal Liabilities for Tax Evasion of Actors of First Offense.- Chapter 4: Kunming Branch of Dali Lanlinge Real Estate Co., Ltd. and Dali Lanlinge Real Estate Co., Ltd. v. Yang X (A) and Su X For the Dispute over Private Lending- Civil Liability for Incurred Debts by a Branch Without Authorization From Its Legal Person.- Chapter 5: Shanxi Branch of China Great Wall AssetManagement Co., Ltd. v. Shanxi Shuozhou (Pinglu District) Huameiao Chongsheng Coal Industry Co., Ltd., Shanxi Huameiao Energy Group Co., Ltd. and Others For the Dispute over a Loan Contract- Determination of the Suretyship Liability Under a Contract of Maximum Suretyship.- Chapter 6: Nantong Huajin Real Estate Co., Ltd. v. Shanxi Junwei Technology Co., Ltd. For a Dispute over a Contract- The Determination of Elimination of the Right to Cancel a Contract by Agreement.- Chapter 7: Chongqing Branch of Evergrowing Bank Co., Ltd. v. Chongqing Hengdun Industrial Co., Ltd., Hunan Mutual Development Real Estate Co., Ltd. For the Dispute over Financial Lending Contract- Possession by Financial Institutions of the Resolution of Shareholders' Meeting on the Mortgage Meaning Doesn't Suffice to Establish the Mortgage Relationship.- Chapter 8: Henan Qichun Oil Distribution Services Group Co., Ltd. v. Yan'an Branch of Industrial and Commercial Bank of China Limited and the First-Instance Defendant, Shaanxi Baojiang Petroleum and Chemical Co., Ltd., and Liu X For the Dispute over Financial Lending Contract- Upon Confirmation of the Authenticity of Accounts Receivable to Its Factor, the Debtor of the Accounts Receivable May Not Assert a Defense Against the Factor on the Grounds of Non-Existence of the Said Accounts Receivable.- Chapter 9: Li X v. Hunan Xinhua Sunshine Beitan Hydropower Development Co., Ltd. and Third Party in the First Instance: Yongzhou Water Resources & Hydropower Construction Company For the Dispute over Contract for the Undertaking of Construction Projects- Appraisal Prices Obviously Deviating From Construction Costs Shalln't Be Established As the Basis for Settlement Prices.- Chapter 10: Hangzhou Steam Turbine Engineering Co., Ltd. v. Xinjiang Altay Jinhao Iron Industry Co., Ltd., Xinjiang Tulufan Yurun Iron & Steel Industry & Trade Co., Ltd. For the Dispute over Contract for the Undertaking of Construction Projects- Judicial Determination ofthe Legal Force of an Independent Guarantee.- Chapter 11: Zhang X v. Geng X and Zhuangzhou Bilingual Primary School of Minquan County, as well as Third Parties: Henan Minquan Rural Commercial Bank Company Limitedand Luozhuang Village Committee of Chengguan Town in Minquan County For the Dispute over Reclaiming Original Properties- Owners' Claim to Reclaiming Original Properties from Possessors Shalln not Be Upheld.- Chapter 12: Liupanshui Yumin Liquefied Petroleum Gas Co., Ltd. v. He X and a Third Party of First Instance: Zhang X For the Dispute over an Agreement of Contracted Management- Influences of a Claim of Right from an Agent Appointed by a Third Party on the Principal's Right of Intervention.- Chapter 13: Lan X (A) v. Dai X and Lan X (B) For the Dispute over Private Lending- Application of Procedures in the Case of the Death of a Party During a Lawsuit.- Chapter 14: Shenzhen Ruizheng Real Estate Management Co., Ltd. v. Shenzhen Yuansheng Industry Co., Ltd. For the
About the author
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, 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.
Summary
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 Applied Jurisprudence 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.
