To introduce and research civil judgments in China, the most direct materials must be the real judgments given by courts at different levels. Since there are various types of judgments, it is not the objective of this contribution to present an all-inclusive list of all the styles of these judgments. For instance, as in other chapters, merely first-instance judicial decisions are the target of this chapter. Rather, after giving examples of real judgments on both the merits and procedural issues, this chapter intends to show examples of judgments published in the SPC Gazette and even those published as guiding cases which were modified by the SPC in the first place and then enjoy more binding effects in China. The Pengyu case, which was given in 2007 and sparked intense debate with the severely negative social impact, is reported additionally as a special illustration of the fact-finding difficulty in judge’s real decisions. Lastly, a specialized judicial interpretation, given by the SPC directly and serving as a kind of legal source de facto, is supplemented to reflect the guiding opinions of the Chinese judiciary.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Examples of Chinese Civil Judgments in Practice

  • Zhixun Cao

摘要

To introduce and research civil judgments in China, the most direct materials must be the real judgments given by courts at different levels. Since there are various types of judgments, it is not the objective of this contribution to present an all-inclusive list of all the styles of these judgments. For instance, as in other chapters, merely first-instance judicial decisions are the target of this chapter. Rather, after giving examples of real judgments on both the merits and procedural issues, this chapter intends to show examples of judgments published in the SPC Gazette and even those published as guiding cases which were modified by the SPC in the first place and then enjoy more binding effects in China. The Pengyu case, which was given in 2007 and sparked intense debate with the severely negative social impact, is reported additionally as a special illustration of the fact-finding difficulty in judge’s real decisions. Lastly, a specialized judicial interpretation, given by the SPC directly and serving as a kind of legal source de facto, is supplemented to reflect the guiding opinions of the Chinese judiciary.