This book includes focal and vital cases tried by presiding justices, guiding cases from the Supreme Peoples 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 Peoples 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 Peoples 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 Peoples Court, opts to publish Selected Cases from the Supreme Peoples Court of the Peoples Republic of China in both Chinese and English, for domestic and overseas distribution.
Chapter 1: Anhui Foreign Economic Construction (Group) Co., Ltd.- v.
Inmobiliaria Palacio Oriental S.A. For the Dispute over a Guarantee Fraud
Beneficiarys 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 PlantsDetermination 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 Doesnt Suffice to Establish
the Mortgage Relationship.
Chapter 8: Henan Qichun Oil Distribution
Services Group Co., Ltd. v. Yanan 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 Shallnt 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 Principals 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 Disputeover a Property Service Contract Ownership and Usufruct
of Underground Parking Plots.
Chapter 15: Zhoushan Waidai Freight Co., Ltd.
v. Dalian Fenghai Pelagic Fishery Co., Ltd. For the Dispute over Application
for Maritime Claim Preservation Damage Judgment Criteria for Falsely
Applying for Property Preservation by Parties.
Chapter 16: Feng X and Che X
v. Li X and Zhang X (A) For the Action of Objection to Enforcement by an
Outsiders Determination of the Standing to Sue of the Debtor to Matured
Debts of the Person Subject to Enforcement as the Plaintiff in an Action of
Objection to Enforcement by an Outsider.
Chapter 17: Henan Hongguang
Zhengshang Real Estate Co., Ltd. v. Zhou X and Liu X For the Action of
Objection to Enforcement by Outsider The Objection to Enforcement by an
Outsider on the Grounds of an Effective Judgment from a Separate Case Against
the Seized Subject Matter of Enforcement Should or Shall not Be Upheld.-
Chapter 18: Shanghai Ruixin Hengjie Investment Co., Ltd. v. Yantai Hemei
Trade Co., Ltd. A Case of Insolvent Liquidation Petition Applicant May Apply
for a Retrial on a Decision on the Rejection of an Insolvent Liquidation
Petition.
Chapter 19: EEI Co., Ltd. and EEI New Energy Technology (Tianjin)
Co., Ltd. v. Beijing Wanyuan Industry Co., Ltd. Application for the
Revocation of an Arbitral Award The Arbitration Clause in a Principal
Contract Isnt Binding on the Guarantor Not Being Its Party in a Guarantee
Contract with No Expressly Stipulated Arbitration Provisions.
Chapter 20:
Huawei Technologies Co., Ltd. v. Conversant Wireless Licensing S.à.r.l For
the Dispute over the Confirmation of Non-infringement on Patent Rights and
SEP Licensing Considerations of and Safeguards to the Ruling of an Act
Preservation of Anti-suit Injunction.
Chapter 21: Baokou (Xiamen) Sanitary
Ware Co., Ltd. v. Peilong Plumbing Engineering Outlet of Guantao County For
the Dispute over Infringements on the Patent Right for Utility Models
Determination of the Defense over Lawful Sources in Patent Infringements.-
Chapter 22: Honda Motor Co., Ltd. v. Chongqing Hengsheng Xintai Trade Co.,
Ltd. and Chongqing Hensim (Group) Co., Ltd. For the Dispute over Trademark
Right Infringements Determination of Trademark Infringements in
Foreign-related OEM.
Chapter 23: Pang X v. China National Intellectual
Property Administration and Third Party in First Stance: Beijing
Jinyuanmaofeng New Technology Development Co., Ltd. For an Administrative
Dispute over the Invalidation of Patent Rights Reasonable Division of
Technical Characteristics and Determination on the Suitability of Their
Disclosure on the Basis of a Comprehensive and Accurate Construction of
Relevant Technical Schemes.
Chapter 24: Guangzhou Compass Exhibition Service
Co., Ltd. and Guangzhou Zhongwei Enterprise Management Consulting Service
Co., Ltd. v. Uniqlo Trading Co., Ltd., Uniqlo Outlet of Shanghai Star Global
Port For the Dispute over Trademark Right Infringements The Trademarks
Registered against the Principle of Good Faith for Ill-gotten Gains Shalln
not be Protected by Law.
Chapter 25: Fuzhou Rice Mill v. Wuchang Jinfutai
Agriculture Co., Ltd., Fujian Xinhuadu Comprehensive Department Store Co.,
Ltd. and Others For the Dispute over Trademark Right Infringement
Determination of Generic Names and Standardized Use of Names of Crop
Varieties.
Chapter 26: Nanjing Blue Thai Transport Facilities Co., Ltd. v.
Dizhou New Energy Technology (Shanghai) Co., Ltd. For the Dispute over the
Confirmation of Non-infringement of Patent Rights Determination of the
Connecting Point of Territorial Jurisdiction in Lawsuits of the Confirmation
of Non-infringement of Patent Rights.
Chapter 27: Da X and Zhang X (A) v.
The Peoples Government of Huzhu Tu Autonomous County in Qinghai For the
Dispute over Non-performance of Statutory Duties Handling Approaches when
the Justifications for a Plaintiffs Request for the Performance of Statutory
Duties by the Defendant Cant Be Determined.
Chapter 28: Hao X v. Yingze
District Peoples Government of Taiyuan City in Shanxi For the Dispute over
Housing Expropriation Determination of the Stake of a Buyer in Actual
Possession and Use of a Fully Paid but Unregistered House in an Act of
Housing Expropriation.
Chapter 29: Lin X v. Administrative Committee of
Taizhou Pharmaceutical High-tech Industrial Development Zone in Jiangsu and
Mingzhu Subdistrict Office of Taizhou Pharmaceutical High-tech Industrial
Development Zone in Jiangsu For the Dispute over the Revocation of an
Agreement on the Compensation for Relocation Options of Determination of
Applicable Term Systems for Lawsuits over Administrative Agreement
Revocation.
Chapter 30: Shanxi Jinchuang Business Agency Co., Ltd. v. Lishi
District Peoples Government of Luliang City in Shanxi For the Dispute over
Premises Demolition and Facility Disposal Justiciability Review of Official
Replies to Public Property Disposition by Administrative Organs.
Chapter 31:
LuoheFengchun Enterprise Consulting Co., Ltd. v. Bureau of Land and Resources
of Luohe City in Henan For the Dispute over the Housing Administrative
Registration A Creditor with Assigned Rights Has no Standing of a Plaintiff
in a Revocation Action.
As the highest judicial organ of the country, the Supreme Peoples Court of the Peoples 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 Peoples 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 Peoples Court, has decided to organize the compilation of Selected Cases from the Supreme Peoples Court of the Peoples Republic of China in both Chinese and English languages since 2018 for domestic and overseas distribution.
