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

Volume 2

  • Book
  • © 2021

Overview

Editors:
  1. China Institute of Applied Jurisprudence

    1. China Institute of Applied Jurisprudence, Beijing, China

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  • Analyzes the cases strictly sifted by the trial departments of the Supreme People’s Court from their concluded cases, which include the guiding cases of the Supreme People’s Court, the cases deliberated by the Judicial Council/Committee of the Supreme People’s Court, and the cases discussed at the Joint Meetings of Presiding Judges from the various tribunals
  • With the presiding judges of these selected cases as the contributors, who are experts in the trials at the Supreme People’s Court and possessed profound legal attainments and rich experience in making judicial decisions
  • Demonstrates the concept, achievements and experience of socialist rule of law with Chinese characteristics, has comparative research on Chinese and foreign cases, promotes international legal exchanges, and contributes Chinese judicial wisdom and judicial experiences to the global governance

Part of the book series: Library of Selected Cases from the Chinese Court (LSCCPC)

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Table of contents (45 chapters)

  1. Front Matter

    Pages i-xxxvii
    Download chapter PDF

  2. Cases by Justices

    1. Front Matter

      Pages 1-1
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    2. The People v. Gu X, Jiang X et al. (The Crime of Misreporting the Registered Capital; the Crime of Illegal and Non-disclosure of Important Corporate Information; the Crime of Misappropriating Funds): Application of Laws in Criminal Cases Involving Protection of Property Rights

      • Xianding Pei, Can Luo
      Pages 3-20

    3. The People v. Sun X (A), Sun X (B) et al. (The Crime against Organizing, Leading and Participating in Organizations of a Triad Nature; the Crime against Intentional Homicide and the Crime against Extortion, etc.): The Applicable Laws for Non-incremental Penalty in Retrial and Withdrawal of Indictment, and Adjudication Method in Case Reopening

      • Yunteng Hu, Su Qi
      Pages 21-45

    4. Parfums Christian Dior v. Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (SAIC) (Administrative Disputes over Reviewing the Rejection of Trademark Applications): Review Procedure and Applicable Legal Standards for International Trademark Applications for Entry into China

      • Kaiyuan Tao, Shu Tong
      Pages 47-54

    5. Valeo Systemes d’Essuyage v. Xiamen Lucas Auto Parts Co. Ltd. and Xiamen Fuke Auto Parts Co. Ltd. (Dispute over Infringement of Invention Patent): Identification of Functional Characteristics and Processing of the Application for the Preliminary Injunction in Litigation

      • Dongchuan Luo, Li Zhu
      Pages 55-65

    6. Yiyang Investment Company Ltd. (Dandong City) v. The Intermediate People’s Court of Dandong City, Liaoning Province (Application to the Intermediate People’s Court of Dandong City for State Compensation Resulting from Wrongful Enforcement of the Judgment): Elements and Liability for Wrongful Enforcement of Court Judgment

      • Kaiyuan Tao, Erjun Zhu
      Pages 67-75

  3. Cases by the Adjudication Committee

    1. Front Matter

      Pages 77-77
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    2. Shanxi Yicheng Chengdong Renhe Iron & Steel Co., Ltd. v. Luoyang Pengfei Refractory and Wear-resistant Material Co. Ltd. et al. (Dispute over Sales Contract): The Debt Assumption Agreement is Revoked by the Court and the Creditor Can Only Request the Fulfillment of Debt Repayment by the Debtor

      • Mingyi Li
      Pages 79-85

    3. Agricultural Bank of China Co., Ltd. Bortala Branch v. Xinjiang Xinchengji Catering Service Training, LLC (Dispute over Loan Contract): Determination of the Guarantor Liability in the Case of “Repayment of the Prior Loan with the New Loan”

      • Fubo Wang
      Pages 87-95

    4. Hainan Huaqi Industrial Development Company v. The People’s Government of Haikou City, and the Third Party: Hainan Xinming Real Estate Co., Ltd. (Dispute over Issuance of State-owned Land Use Certificate): The Determination and Adjudication on the Third-party Bona Fide Acquisitions in Administrative Litigation

      • Hong Yu
      Pages 97-109

  4. Characteristic Cases

    1. Front Matter

      Pages 111-111
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    2. The People v. Zhang X, and Zhang X (A) (Intentional Homicide and Using a Cult to Undermine Law Enforcement): Principles of Punishment against Cult-related Crimes and Application of the Death Penalty on Cult Members Committing Serious Crimes

      • Qiquan Wang
      Pages 113-121

    3. The People v. Wang X (Obstruction of Testimony): Identifying Standards for the Constitution of the Crime of Obstruction of Testimony

      • Jinya Wang, Jianfang Yun
      Pages 123-131

    4. The People v. Yang X and Shi X (Misappropriation of Public Funds): Assessment and Application of the “Special Circumstances” Warranting a Sentence Lesser than the Statutory Penalties

      • Xiaoyang Shang
      Pages 133-143

    5. Qin X v. Sun X and Zhang X (Dispute over a Sales Contract): A Dispute over the Expropriation Indemnity for Real Estate without an Ownership Certificate is a Civil Dispute

      • Yanchen Li
      Pages 145-151

    6. Lhasa Makye Ame Catering Chain Co., Ltd. v. Land and Resources Bureau of Lhasa City (Dispute over the Contract for the Assignment of Construction Land Use Right): A Judicial Determination of Liquidated Damages for Overdue Payment at a per diem Rate of 1‰ Stipulated in a Contract for the Assignment of Construction Land Use Right

      • Xiaoyun Li
      Pages 153-165

    7. Dongguan Licheng Electronic Industrial Co., Ltd. and Baoyuan Real Estate Development Co., Ltd. in Yuancheng District of Heyuan City v. Dongguan Jinglong Industrial Development Co., Ltd. and Jinghe Industrial Group Co., Ltd. (Dispute over Project Transfer Contract): A Judicial Determination that for a Foreseeable Failure of Contract Performance, No Claims Shall be Made for the Loss of Expected Benefits

      • Xiaohong Qian, Zhifeng Wang
      Pages 167-176

    8. Hainan Zhonghe Group Co., Ltd. v. Hainan Meihao Real Estate Development Co., Ltd. (Dispute over Project Transfer Contract): Commitment Could be Found as a Modification of the Original Contract

      • Gang Cao
      Pages 177-181

    9. Jinshang Bank Co., Ltd. East Street Sub-branch, Yingze District, Taiyuan City v. Jiexiu City Mianshan Mountain Scenic Area Development Co., Ltd., Shanxi Sanjia New Energy Group Co., Ltd., et al. (Dispute over Loan Contract): Whether the Mortgage Created on the Original Mining Right Continues to be Valid If the Mining Permit Has Not been Renewed upon Its Expiry

      • Fang Mei, Yiqian Fan
      Pages 183-190
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Keywords

About this book

This book includes 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 Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including “Cases by Justices”, “Cases at Judicial Committee” and “Typical Cases”， which will introduce readers to Chinese legal processes, legal methodologies 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 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 , serving the rule of law in China”, the China Institute of Applied Jurisprudence, 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.

Editors and Affiliations

  • China Institute of Applied Jurisprudence, Beijing, China

    China Institute of Applied Jurisprudence

About the editor

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.

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