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.
Chapter 1: Lianqi Development Co., Ltd. v. Shanghai Baoye Group Corp.,
Ltd., Sakai SIO InternationalGuangzhouCo., Ltd. et al. (Appeal against
Jurisdictional Objection in Dispute over Infringement of Patent for
Invention): The Principle of Two Conveniences and the Mechanism of Leapfrog
Appeal shall be Fully Considered when Confirming the Jurisdiction of
Non-infringement and Infringement of Patent.
Chapter 2: Shanxi Coal
International Energy Group Jincheng Co., Ltd. v. China CITIC Bank Co., Ltd.
Xi'an Branch, Shaanxi Petroleum & Chemical Corporation Co., Ltd. (Dispute
over Contract): In a Confirming Warehouse Transaction Without Real Trade
Background, the Real Legal Relationship Among the Buyer, Seller, and the Bank
Shall be Found to be the Relationship of Loan and Guaranty Contract.
Chapter
3: Xinjiang Longmei Energy Co. Ltd. v. Zheng X (Dispute over Equity Transfer
Contract): Changed Circumstances Shall not Be Claimed to Rescind the Contract
Concluded When a Party Clearly Knowing the Risk.
Chapter 4: Ping An Bank
Co., Ltd. Beijing Branch, and Beijing Gold Exchange Co., Ltd. et al v. Hainan
Jinfenghuang Hotspring Resort Co., Ltd., Beijing Xinyupeng Mechanical &
Electrical Engineering Co., Ltd. et al (Dispute over Loan Contract): The
Effect of Issuing a Blank Guaranty Contract Stamped with the Official Seal,
and the Issue That a Guaranty Provider May Be Exempted Within the Scope of
the Pledge Waived by Its Pledgee.
Chapter 5: China Nonferrous Metal
Industry's Construction Co., Ltd. v. Hengfeng Bank Co., Ltd. Ningbo Branch
and defendants in the first instance, Ningbo Zhong Ren Hong Electronics Co.,
Ltd. and Ningbo Gang Di Trade Co., Ltd. et al. (Disputes over the Issuing of
Letter of Credit and the Right of Recourse) : Instruments Debtors Shall not
Protest Against the Pledgee on the Ground of Protesting Against the Pledgor.-
Chapter 6: Xinjiang Hua Cheng An Ju Real Estate Development Co., Ltd. v.
China Railway Construction Bridge Engineering Bureau Group Co., Ltd. (Dispute
over Contract for the Undertaking of Construction Projects): on Application
of Good Faith Principle in Finding the Validity of Contract.
Chapter 7: LC
Securities Co., Ltd. and Eastern Gold Jade Co., Ltd. v. Yunnan Xinglong
Industry Co., Ltd. and Zhao X et al. (Dispute over a Suretyship Contract):
The Scope of Security Liability Assumed by the Security Provider Shall be
Limited to the Scope of the Principal Obligation.
Chapter 8: Bank of DaLian
Co., Ltd. v. Dalian Branch of China Railway Modern Logistics Technology Co.,
Ltd. and Jinzhou Zuoyuan Sugar Foods Co., Ltd. et al. (Dispute over a Loan
Contract): Pledge in Movable Property May not be Created by Possession
Reformulation.
Chapter 9: Sichuan Zhongding Construction Engineering Co.,
Ltd. v. Zhu X and Natural Resources Bureau of Wulan County (Dispute over
Contract for the Undertaking of Construction Projects): In a De Facto
Juristic Relation, the Actual Builder May Claim Project Payments Directly
with the Party Offering the Contract.
Chapter 10: Fujian Tinghu Real Estate
Group Co., Ltd. v. Natural Resources Bureau of Xianyou County (Dispute over a
Contract for Transfer of State-owned Construction Land Use Right): In Case of
Breach of Contract due to Objective Reasons, the Liquidated Damages Clause
Shall be Applied Primarily to Cover the Loss.
Chapter 11: Wang X V. Bazhou
Sairui Machinery & Equipment Installation Co., Cao X(A) (Dispute over Change
of Registration): The Claim of the Resigned Legal Representative for the
Registration of the Change of the Legal Representative of Company Shall,
Absent Other Remedies, Be Accepted by the Court.
Chapter 12: Peng X V.
Chengdu Rural Commercial Bank Co., Ltd. Cuqiao Subbranch, Chen X, et al.
(Dispute over Suretyship agreement): Impact on the Liability of Other
Guarantors Involved of Creditor's Waiver in Mixed Security of Security in Rem
as Provided by Debtor.
Chapter 13: Hubei YAS Commercial Chain Co., Ltd. V.
Danyang Yongsheng Motor Transport Co., Ltd. (Dispute over Tort Liability):
Criteria for the Determination of Erroneous Application for Property
Preservation.
Chapter 14: Jiang X, Chen X, el al. V. Lin X, Weng X(A)., et
al. (Dispute over Objection to the Enforcement of Judgment): Determination on
the Time When the Seizure Ruling and the Notice of Assistance in Execution
Take Effect.
Chapter 15: Huang X V. Xiamen Shuangrun Investment Management
Co., Fenghe (China) Co. (the third party in the first instance), Hui'an
County Rural Credit Cooperative (Dispute over the Objection by an Outsider to
the Enforcement): The Requirements for the Valid Objection to the Execution
by the Transferee of Equity.
Chapter 16: Guilin Zhangtai Industry Group Co.,
Ltd., Guangxi Lichengdong Investment Co., Ltd. et al (Enforcement
Reconsideration of Dispute over Recovery of Financial Distressed Debt):
Identification of Interest in Cases of Enforcement against Dispute over
Recovery of Financial Distressed Debt.
Chapter 17: Zhou X v. Xiamen Baixiang
Shouli E-Business Co., Ltd. (Dispute over Online Shopping Contract):
Determination of the Basis for the Adjustment of Agreed Punitive Liquidated
Damages.
Chapter 18: Yunnan Copper Co., Ltd. v. Kunming Wanbao Jiyuan
Biotechnology Co., Ltd., Yunnan Zhongheng Innovation Investment Co., Ltd. etc
(Dispute over Sale Contract): Identification of the Nature and Validity of
Closed-loop Sale Contracts.
Chapter 19: Zhongkong Guorong New Energy
Development Co., Ltd. v. Fuzhou Dade Industry Co., Ltd. (Dispute over Sale
Contract): Determination and Application of Deposit-related Penalty Rules for
Partial Performance of Contracts.
Chapter 20: Zhongrong Hengsheng Wood
Industry Co., Ltd.Beijingv. Crosplus (Shanghai) Co., Ltd. and Nanjing
Mengyang Furniture Sales Center (Dispute over Copyright Infringement):
Elements for Copyright Protection of Works of Applied Art.
Chapter 21: JDB
(China) Co., Ltd. v. Guangzhou Wanglaoji Health Industry Co., Ltd. (Dispute
over False Advertising): Identification of False Advertising.
Chapter 22:
Shandong Bittel Intelligent Technology Co., Ltd (Bittel) v. Jiangsu Zhongxun
Digital Electronics Co., Ltd. (Dispute over Tortious Liability for Damages
Arising from Malicious Prosecution in Intellectual Property Litigation):
Standard for Assessing the Subjective Fault in Disputes over Damages Arising
from Malicious Prosecution in Intellectual Property Litigation.
Chapter 23:
Lacoste Company Limited v. Cartelo Pty Ltd. and Trademark Review and
Adjudication Board of State Administration for Industry and Commerce of the
Peoples Republic of China (Administrative Dispute over Trademark Disputes):
Impact of Offshore Co-existence Agreements on Determining the Trademark
Similarity.
Chapter 24: Xiamen Meetyou Co., Ltd. v. Beijing Kangzhilesi
Network Technology Co., Ltd. and China National Intellectual Property
Administration (Administrative Dispute over Request for Declaration of
Trademark Invalidity): Whether theTrademark at Issue is the Sign Not to be
Used as Trademark Falls within the Jurisdiction of Peoples Court to Review
the Administrative Act or Conduct in Affirming and Authorizing the
Trademark.
Chapter 25: Xiao X v. Seno LED Co., Ltd. (Dispute over
Infringement of Patent for Invention): The Role of Interpretations of the
Recorded Technical Effect upon the Patent Claims and Impact on the Principle
of Equivalence.
Chapter 26: Medacor (Tianjin) Technology Co., Ltd. v.
Sunshine (Tianjin) Group Co., Ltd., and Defendants in the First Instance,
Wang A, Zhang A, et al. (Dispute over Infringement of Trade Secrets): How to
Determine whether the Customer List Constitutes the Trade Secrets.
Chapter
27: Ningbo Beworth Textile Machinery Co., Ltd. v. Ningbo Cixing Company
Limited (Dispute over License Contract for Technological Secrets): Handling
of Cases involved both Criminal and Civil Proceedings related to Trade
Secrets.
Chapter 28: VMI Holland B.V. and Cooper (Kunshan) Tire Co., Ltd. v.
Safe-run Co., Ltd. (Dispute over Confirmation of Patent Non-infringement):
Prerequisites for Confirming Patent Non-infringement.
Chapter 29: Alfa Laval
Corporate A B v. China National Intellectual Property Administration and SWEP
International A B (the Third Party in the First Instance) (Administrative
Dispute over Invalid Patent for Invention): Determination of Modification of
Patent Claims beyond Scope in Invalidity Declaration Proceedings.
Chapter
30: Shimano v. Sensah Smart Sports Equipment Co., Ltd. (Dispute over
Infringement of Patent for Invention): Determination of Protection Scope of
Functional Features.
Chapter 31: Shenzhen Jiedian Technology Co., Ltd. v.
Shenzhen Laidian Technology Co., Ltd. and Anker Innovations Technology Co.,
Ltd. (Dispute over Infringement of Patent for Utility Models): Classification
and Identification Standards of Technical Features in Patent Claims.
Chapter
32: Wartsila Finland Oy and Spliethoffs Bevrachtingskantoor B.V. v.
Rongcheng Xixiakou Shipbuilding Co., Ltd. and Yingqin Engine (Shanghai) Co.,
Ltd. (Tort dispute over the sale and purchase of marine equipment): Mere
interest in the performance of a contract does not in principle fall within
the scope of application of the law of tort liability.
Chapter 33: Shanghai
Salvage Company under the Ministry of Transport v. Provence Shipowner 2008-1
Ltd, CMA CGM SA, et. al (Dispute over salvage at sea and ship pollution
damage liabilities): How to distinguish the costs of preventive measures and
the costs of salvage measures, determine the subject avoiding liability in
ship collision and oil spill pollution incidents, and identify restricted and
unrestricted maritime compensation claims.
Chapter 34: Bank of China
Limited, Henan Branch v. UBAF (Hong Kong) Ltd. (Dispute over independent
guarantee): How to determine independent guarantee fraud by a prima facie
complying demand due to abuse of claim for payment.
Chapter 35: Evergreen
Marine (Singapore) Pte. Ltd. v. First Insurance Co Ltd and Evergreen Marine
Pte. Ltd. as the Defendant in the First Instance (Dispute over a contract for
the multimodal carriage of international goods): Multimodal transport
operators liability and limits of indemnity are governed by the law
regulating the mode of transport in which loss of or damage to goods occurs.-
Chapter 36: Shandong Xianglong Industrial Group Co., Ltd. v. North Shipping
Co., Ltd. and Jinyuan Shipping Ltd. (Dispute over contract for carriage of
goods by sea): The charterer of the time-chartered vessel should generally be
identified as the carrier if the master of a time-chartered vessel issued a
bill of lading without the name of the carrier being specified.
Chapter 37:
Ma X v. Guyuan Municipal People's Government of Ningxia Hui Autonomous
Region, Guyuan Housing and Urban-Rural Development Bureau of Ningxia Hui
Autonomous Region (Dispute over Administrative Approval and Administrative
Ruling on House Demolition): Whether Two or More Administrative Acts in the
Same Administrative Case Listed as the Sued Administrative Acts Meets the
Legal Conditions for Prosecution.
Chapter 38: Hu X (A) v. People's
Government of Jinyun County, Zhejiang Province, People's Government of Huzhen
Town, Jinyun County (Dispute over Resettlement Compensation): Whether Women
Married out of Town Should Be Resettled and Compensated Separately.
Chapter
39: Qi X v. Jiagedaqi District People's Government of Daxinganling
Prefecture, Heilongjiang Province (Dispute over Housing Expropriation
Compensation Agreement): Failure to Stipulate in the Administrative Agreement
that the Overdue Performance of the Liability for Breach of Contract Cannot
Be Reasons for the Administrative Organ not to Bear the Liability for Breach
of Contract.
Chapter 40: Ma X v. The Peoples Government of Dongxiang
Autonomous County, Gansu Province and Bureau of Land and Resources of
Dongxiang Autonomous County, Gansu Province (Dispute over Administrative Land
Expropriation and Indemnification): The Courts Right to Review the
Plaintiffs Subject Qualification should not Overstep the Administrative
Agencys Right to First Handling in Land Administrative Cases.
Chapter 41:
Tian X v. Zhejiang Office of China Banking and Insurance Regulatory
Commission and China Banking and Insurance Regulatory Commission (Dispute
over Administrative Reconsideration): Determination of Regulatory
Responsibilities of the Banking and Insurance Regulatory Office in Places
where the Trust Companys Business is located.
Chapter 42: Wang X, Wuhan
Tianjiu Industry & Trade Development Co., Ltd. v. Ministry of Commerce of the
Peoples Republic of China (Dispute over Administrative Licensing): The
Influence of Invalid Civil Contract on the Validity of Administrative License
and the Weighing of Interests.
Chapter 43: Li X and Zhang X v. The Peoples
Government of Huimin County, Shandong Province (Dispute over Administrative
Enforcement and Administrative Compensation): Determination of the Proper
Defendant inCases of Forced Demolition without Responsible Legal Entity.-
Chapter 44: Xiao X v. The Peoples Government of Liaoyang City, Liaoning
Province (Dispute over Administrative Reconsideration): Not Applying the
Principle of Prohibiting Adverse Alteration When Both Parties with Opposite
Interests Raise Objections to the Combination of Sentences and Paragraphs in
Administrative Reconsideration.
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, serving international legal exchanges among Chinese and foreign legal communities, 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.
Lisainfo e-raamatute kohta