Selected Cases from the Supreme People’s Court of the People’s Republic of China: Volume 2 (Library of Selected Cases from the Chinese Court)

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. Acknowledgments Panel of Senior Editors Panel of Editors Foreword Cited Laws, Regulations, Judicial Interpretations, and Other Normative Documents Contents Cases by Justices 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 Rule Case Information Essential Facts Issues Holding Comment on Rule 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 Rule Case Information Essential Facts Issues Holding Comment on Rule 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 Rule Case Information Essential Facts Issue Holding Comment on Rule 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 Rule Case Information Essential Facts Issues Holding Comment on Rule 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 Rule Case Information Essential Facts Issues Holding Comment on Rule Cases by the Adjudication Committee 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 Rule Case Information Essential Facts Issue Holding Comment on Rule 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” Rule Case Information Essential Facts Issues Holding Comment on Rule 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 Rule Case Information Essential Facts Issues Holding Comment on Rule Characteristic Cases 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 Rule Case Information Essential Facts Issues Holding Comment on Rule The People v. Wang X (Obstruction of Testimony): Identifying Standards for the Constitution of the Crime of Obstruction of Testimony Rule Case Information Essential Facts Issue Holding Comment on Rule 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 Rule Case Information Essential Facts Issues Holding Comment on Rule 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 Rule Case Information Essential Facts Issues Holding Comment on Rule 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 Rule Case Information Essential Facts Issues Holding Comment on Rule 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 Rule Case Information Essential Facts Issues Holding Comment on Rule 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 Rule Case Information Essential Facts Issue Holding Comment on Rule 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 Rule Case Information Essential Facts Issues Holding Comment on Rule Meizhou Mediterranean Hotel Co., Ltd. v. Shanghai Pudong Development Bank Co., Ltd. Shenzhen Branch, Shenzhen Zirui Real Estate Development Co., Ltd. (Dispute over Loan Contract): Definitive Analysis of the Nature of the Entrusted Loan Contract Rule Case Information Essential Facts Issue Holding Comment on Rule Bank of Communications Co., Ltd. Guizhou Branch v. Guizhou Jinchi Hongye Trading Co., Ltd., Guizhou Yinyuan Financing Guarantee Co., Ltd., Guizhou Zhiyi Real Estate Development Co., Ltd., and Lin X (Dispute over Financial Loan Contract): The Creditor Not Entitled to Claim Guarantee Liability Directly against the Sub-guarantor Rule Case Information Essential Facts Holding Comment on Rule Zhejiang Kunlun Construction Group Co., Ltd. v. Anhui Wenyue Investment & Real Estate Co., Ltd. and Department of Culture and Tourism of Anhui Province, et al. (Dispute over Contract on Undertaking Construction Project): Determination of Whether Government Agency and the Enterprise Established Thereby Shall Jointly Assume Civil Liability and Allocation of the Burden of Proof Rule Case Information Essential Facts Issue Holding Comment on Rule Zhang X v. Haili Holding Group Co., Ltd., and Gan X (Dispute over Contract on Undertaking Construction Project): Probative Value of Decided Facts Ascertained by Judgment in Subsequent Litigation Rule Case Information Essential Facts Issue Holding Comment on Rule Heilongjiang Province Qingda Water Conservancy and Hydroelectric Engineering Co., Ltd. v. Daqing Oilfield Mudanjiang New Energy Co., Ltd. (Dispute over Contract on Undertaking Construction Project): Applicable Rules for the Interest on Construction Payment in Arrears and Liquidated Damages in Cases of Dispute over Contract on Undertaking Construction Project Rule Case Information Essential Facts Issue Holding Comment on Rule Liu X v. Zhangye Jinxin Pawnshop Co., Ltd. (Supervision on Enforcement of Ruling on Pawn Contract Dispute): Determination of the Nature of a Pawn Contract with No Registration of the Things Pawned Rule Case Information Essential Facts Issue Holding Comment on Rule Nanchang Municipal Construction Co., Ltd. v. Liu X and Jiangxi Fuzhen Road and Bridge Construction Co., Ltd. (Unjust Enrichment): No Liability for Restitution Where the Bona Fide Recipient of Ill-gotten Gains Has No Existing Interest Rule Case Information Essential Facts Issues Holding Comment on Rule Jilin Jinhe Real Estate Development Co., Ltd. v. Sichuan Longhai Huifeng Industry Co., Ltd. (Dispute over Pooling Contract): Judicial Determination of the Establishment of Apparent Agency Rule Case Information Essential Facts Issues Holding Comment on Rule Guangdong Overseas Chinese Trust & Investment Corp. v. Guotai Junan Securities Co., Ltd. (Dispute over Securities Repurchase Agreement): Judicial Determination of Legal Personality Rule Case Information Essential Facts Issues Holding Comment on Rule Meng X, Changchun Shengxiang Construction Engineering Co., Ltd. v. Li X (A), Changchun Tengan Real Estate Development Co., Ltd. (Execution Objection by Outsiders): Findings of the Legal Liability of the Illegal Profiteer Rule Case Information Essential Facts Issue Holding Comment on Rule Hu X (A), Hu X (B), et al. v. Deqing Jinhengkun Real Estate Development Co., Ltd., Chen X, et al. (Dispute over the Third-party Revocation): Determination of the Subject of the Third-party Revocation Rule Case Information Essential Facts Issue Holding Comment on Rule Zhang X v. Tianjin Hengzeng Real Estate Company, Zhejiang Huanyu Construction Company (Dispute over the Third-party Revocation): Identification Criteria of the Third-party without Independent Right to Claim in a Third-party Revocation Lawsuit Rule Case Information Essential Facts Issue Holding Comment on Rule Henan Shenquanzhiyuan Industrial Development Co., Ltd., and Zhao X v. Ruzhou Boyi Sightseeing and Medical Theme Park Development Co., Ltd., Yan X, etc. (Supervision on Enforcement of the Decision on Private Lending Dispute): Balance and Protection of Parties’ Interests in Paying-a-debt-in-kind-assets Cases Rule Case Information Essential Facts Issues Holding Comment on Rule Beijing Avic Zhicheng Technology Co., Ltd. v. Shenzhen Feipengda Refined Manufacturing Co., Ltd. (Dispute over Copyright Infringement): Miniature Works in the Original Proportion Do Not Constitute Model Works Rule Case Information Essential Facts Issues Holding Comment on Rule Michael Jeffrey Jordan v. Trademark Review and Adjudication Board of the State Administration for Industry and Commerce of the People's Republic of China and Qiaodan Sports Products Co., Ltd. [Administrative Dispute over (Graphics) Trademark Infringement]: Requirements for Protecting the Prior Right of Image in Trademark Administrative Cases Rule Case Information Essential Facts Issue Holding Comment on Rule Hebei Farun Forestry Technology Co., Ltd. v. Hebei Expressway Hengda Management Office (Dispute over Infringement of Right to New Varieties of Plant): Understanding and Identification of “Production” and “Reproduction” in Article 28 of the Seed Law Rule Case Information Essential Facts Issue Holding Comment on Rule Wuxi Guowei Ceramic Electric Appliances Co., Ltd. and Jiang X v. Changshu Linzhi Electric Heating Device Co., Ltd. and Suning Holdings Group Co., Ltd. (Dispute over Infringement of Patent Right to Utility Models): The Calculation of Patent Infringement Damages Rule Case Information Essential Facts Issue Holding Comment on Rule Xixia Longcheng Special Materials Co., Ltd. v. Yulin Intellectual Property Bureau, Shenmu Tianyuan Chemical Co., Ltd. of Shaanxi Coal and Chemical Industry (Dispute over Administrative Resolution of Patent Rights): Identification and Resolution on Procedure Violations in Administrative Enforcement of Patent Law Rule Case Information Essential Facts Issues Holding Comment on Rule Zhejiang Longda Stainless Steel Co., Ltd. v. A. P. Moller-Maersk A / S (Dispute over the Contract of Carriage of Goods by Sea): Application of Law Concerning the Consignor's Right to Modify the Contract for Goods in Transit Rule Case Information Essential Facts Issues Holding Comment on Rule Qu X v. Weihai Central Branch of China Continent Property & Casualty Insurance Co., Ltd., Shidao Branch of China Continent Property & Casualty Insurance Co., Ltd. (Dispute over Marine Insurance Contracts): The Liability of Insurance Compensation and the Determination of the Amount and Interest of Insurance Compensation Rule Case Information Essential Facts Issue Holding Comment on Rule Shipping Insurance Operation Center of PICC v. Shipbuilding Plant of Taizhou Sanfu Ship Engineering Co., Ltd. (Dispute over Shipbuilding Insurance Contract): Clarification of the Meaning of Seagoing Vessels and Interpretation of Insurance Clauses Rule Case Information Essential Facts Issue Holding Comment on Rule Liu X v. Wenjiang District Public Security Bureau of Chengdu Public Security Bureau of Sichuan Province (An Administrative Penalty Case): On Proportionating Punishment to Crime Rule Case Information Essential Facts Issues Holding Comment on Rule Liu X v. The People’s Government of Yicheng District, Zhumadian City, Henan Province and Renmin Sub-district Office, Yicheng District, Zhumadian City, Henan Province (Administrative Compulsory Demolition): The Lessee of a Directly Administered Publicly-owned Housing Has an Interest in Compulsory Demolition of the Leased Publicly-owned Housing Rule Case Information Essential Facts Issue Holding Comment on Rule Liang X v. The People’s Government of Napo County and the Collective of Nahuaitun, Dekang Village, Dulong Township, Napo County (Third Party) (Dispute over Administrative Forestry Registration): Restrictions on Self-rectification of Administrative Agencies by Cancellation or Revocation Rule Case Information Essential Facts Issue Holding Comment on Rule Fu X (A) and Fu X (B) v. Yangpu Economic Development Zone Management Committee (Administrative Order of Housing Demolition and Relocation and Resettlement): Recognition by the Competent Administrative Agency of the De Facto Adoptive Relationship between the Persons Who Receive Housing Relocation and Resettlement Indemnities Rule Case Information Essential Facts Issues Holding Comment on Rule Joint-equity Economic Cooperative Union of Zhangxi Village and the Eighth Joint-equity Economic Cooperative of Zhangxi Village v. The People’s Government of Zhongshan City and Yang X (Third Party) (Dismissal of an Administrative Reconsideration Application): Divorce is Not a Legal Premise for Loss of Membership in a Rural Collective Economic Organization Rule Case Information Essential Facts Issues Holding Comment on Rule Hong Kong Stoll Industrial (Group) Co., Ltd. v. The People’s Government of Taizhou City, the People’s Government of Hailing District, Taizhou City (Dispute over the Investment Attraction Agreement): The Determination of Administrative Agreements and the Concept of Trying Administrative Disputes Involving Consensual Agreements Rule Case Information Essential Facts Issues Holding Comment on Rule Zhou X (A) v. The Administration Commission of Huzhou Economic and Technological Development Zone, Zhejiang Province (Dispute over Administrative Compensation for Housing Demolition and Resettlement): Understanding of the “Direct Loss” in Subparagraph 8 of Article 36 of the State Compensation Law Rule Case Information Essential Facts Issues Holding Comment on Rule Zhang X v. The People’s Government of Jianxi District, Luoyang City (Dispute over Government Information Disclosure): The “Transiency” and “Actual Accessibility” of Government Information Rule Case Information Essential Facts Issue Holding Comment on Rule This volume 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""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 , 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