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

1. Front Matter

   Pages i-xxvi

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2. Cases by Justices

   1. Front Matter

      Pages 1-1

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   2. Chenzhou Fanlongdui Mining Co., Ltd. v. the Ministry of Land and Resources of the People’s Republic of China (Administrative Reconsideration Decision about the Land and Resources)—The Judicial Control over the Administrative Reconsideration Authority’s Revocation of the Mining Rights

      • Bixin Jiang, Yongwei Huang, Baojian Gen

      Pages 3-16

   3. Michael Jeffrey Jordan v. Trademark Review and Adjudication Board of the State Administration for Industry and Commerce of the People’s Republic of China & Jordan Sports Co., Ltd. (Administrative Disputes over Trademark)—Right to One’s Name May Constitute “Prior Right” Protected by Trademark Law

      • Kaiyuan Tao, Chuang Wang, Junli Xia, Yanfang Wang, Weike Du

      Pages 17-31

   4. The People v. Nie Shubin (Intentional Homicide and Rape)—Fact-Finding and Application of Law in Criminal Retrial Procedure

      • Yunteng Hu, Daohu Xia, Zhengping Yu, Yingshi Guan, Zhiyong Luo

      Pages 33-45

3. Selected Judicial Opinion(s)

   1. Front Matter

      Pages 47-47

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   2. The Criminal Judgment of the Supreme People’s Court of the People’s Republic of China The People v. Zhang Wenzhong (The Crimes Regarding Fraud, Institutional Bribery and Misappropriation of Funds)

      • Huapu Sun, Yingshi Guan, Su Qi, Zhaoyang Dong, Qing Zhou

      Pages 49-73

4. Hot Cases

   1. Front Matter

      Pages 75-75

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   2. Chongqing Haoyun Real Estate Development Co., Ltd. v. Owners’ Committee of Dijing Hoayuan, Xipeng, Jiulongpo District, Chongqing (Dispute over Parking Spaces)—Parking Spaces Occupying Roads or Other Places Jointly Owned by the Owners are Subject to Common Ownership by the Owners

      • Yongfeng Pan

      Pages 77-83

5. Representative Cases

   1. Front Matter

      Pages 85-85

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   2. The People v. Zhang X (A) (Illegal Pooling of Public Deposits)—Determination of the Actor’s Identity in Illegal Pooling of Public Deposits and Its Amount

      • Baojun Dong

      Pages 87-93

   3. The People v. Yi X (Organizing, Leading and Participating in Terrorist Organization, Intentional Homicide)—Culpability of the Members of Terrorist Organizations and the Application of the Death Penalty

      • Xinjun Chen

      Pages 95-103

   4. Civil and Commercial Cases and Execution Sichuan Panhua Technology Co., Ltd. v. Pangang Group Co., Ltd. (Dispute over Contract)—Determination of Whether Government Acts Constitute Force Majeure and the Application of Change of Circumstances

      • Yongfeng Pan

      Pages 105-112

   5. Aluminum Corporation of China Limited Chongqing Branch and Aluminum Corporation of China Limited v. Chongqing Fuli Mining Co., Ltd. (Dispute over Contract)—Determination of Cause of Action and Time of Rescission under Statutory Right of Rescission

      • Zhumei Liu

      Pages 113-121

   6. Panjin Urban Construction and Real Estate Development Co., Ltd. v. Xu X (Dispute over Real Estate Sales Contract)—When One Litigant Applies for Retrial, Whether Its Provision of Criminal Investigation Material of the Other Suspected of Committing a Crime is Sufficient to Overturn Facts Found in the Original Judgment

      • Xiaoguang Feng

      Pages 123-130

   7. Zheshang Jinhui Trust Co., Ltd. v. Zhejiang Sunion Group Co., Ltd., Sunion Holdings Group Co., Ltd., et al. (Dispute over Financial Loan Contract)—Creation of Mortgage of Project under Construction and the Scope of the Collateral

      • Lunjun Zhou

      Pages 131-139

   8. Founder BEA Trust Co., Ltd. v. Ganzhou Julong High-Tech Industry Co., Ltd. and AVIC Trust Co., Ltd. (Dispute over Financial Loan Contract)—Difference Between Equity Repurchase and Withdrawal of Capital Contribution under Equity Trust Financing

      • Jingchuan Liu

      Pages 141-148

   9. Shanghai Pudong Development Bank Co., Ltd. Guiyang Branch v. Guiyang Jinchang Precision Casting Co., Ltd., Feng X, et al. (Dispute over Guarantee and Financial Loan Contract)—Whether upon the Expiration of the Mining Right the Mortgage Created Thereon Will Continue to be Valid

      • Yongfeng Pan

      Pages 149-159

   10. Yi X v. Industrial and Commercial Bank of China Limited Panjin Branch (Dispute over Bank Card)—Banks Should Exercise Their Duty of Utmost Care and Risk Warning When Receiving Deposits from Depositors

       • Dian Luo, Chengpeng Xing

       Pages 161-168

   11. Liaoning Shunda Traffic Engineering Maintenance Co., Ltd. v. Panjin Kaiyue Economic and Trade Co., Ltd. (Dispute over Contract for Work)—Applicable Rules for Transforming Claim in Real Right into Claim for Real Right Damages

       • Jianhua Wu, Hening Ma

       Pages 169-175

This volume includes guiding cases of the Supreme People’s Court, cases deliberated on by the Judicial Council/Committee of the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from the various tribunals. This book is divided into four sections, including Cases by Justices, Selected Judicial Opinion(s), “Hot Cases” and “Typical Cases”, which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear, and accurate manner.
This volume 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 functions 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 international legal exchanges among Chinese and foreign legal communities and serving the rule of law in China”, the China Institute of Applied Jurisprudence, with the approval of the Supreme People’s Court, opted 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.

• Judicial control over mining rights
• Disputes over trademark of “Jordan"
• Dispute over parking spaces
• Government acts and change of circumstances
• Creation of mortgage of project under construction
• Confirmation of double litigation
• Popularity and distinctiveness of a trademark
• Patent design features
• Case of Nie Shubin
• Case of Zhang Wenzhong

• China Institute of Applied Jurisprudence, Beijing, China

  China Institute of Applied Jurisprudence

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 hard cases each year, which has greatly exerted enormous impact 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 Chinese Institute of Applied Jurisprudence, on approval of the Supreme People’s Court, has decided to organize the compilation of “Selected Cases of 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.


Panel of Senior Editors ( in order of stroke numbers of Chinese characters): 
Wang Chuang, Wang Xuguang, Kong Ling, Ye Xiaoying, Wu Biao, Liu Zhumei, Sun Zhihua, Li Liang, Li Yong,  He Li,  Shen Liang, Song Xiaoming, Zhang Yongjian, Lin Wenxue, He Zhonglin, Zhou Feng, Zheng Xuelin, Meng Xiang, Hu Shihao, Jiang Qibo, Huang Yongwei, Cao Shibing, Han Weizhong, Cheng Xinwen, Yan Maokun, Wei Wencao




Panel of Editors  
Editor in Chief: 
Cao Shibing  


Associate Editors:  
Li Yuping, Cao Shouye, Fan Mingzhi, Wang Baosen, Niu Kai, Liu Ye  


Managing Editor:
Ding Wenyan  


Editors ( in order of stroke numbers of Chinese characters):  
Dai Qiuying, Bao Xianrong, Zhu Feng, Zhu Xinlin, Li Ming, Yang Yi, Song Jianbao, ChenMin, Zhou Weiming, Zhong Li, Han Xu,  Han Deqiang, Pan Jing  


Executive Editors:
Liu Xiaohu (criminal cases)
Li Ming, Han Xu, Pan Jing (civil and commercial cases) 
Song Jianbao(intellectual property cases) 
Han Deqiang (administrative cases)
Zhu Feng (final editing)  


Assistant Editors:
Ci Xiaoyu, Cheng Zhihui

Policies and ethics