Cui Jianyuan – författare

The three-volume set reviews and evaluates 27 typical civil cases in China with the aim of refining the interpretation and application of the law through case guidance.One of the most important functions of the Supreme Court in any jurisdiction is to provide guidance to unify the interpretation and application of the law, thereby ensuring judicial consistency and legal stability. China's case guidance system also strives for this ideal. This book attempts to serve as a reference source for case guidance, which will greatly benefit the construction of the case guidance system. The three volumes address three different concerns related to selected cases: 1) the application of legal relations methodology in civil judgments, 2) the importance of constitutive requirements in civil judgments, and 3) the resolution of conflicts between outdated laws and a progressive society.This set will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.

As the first volume of a three-volume set that provides critical reviews of typical civil cases in China, this book focuses on the methodology of legal relations and their importance in adjudication.It is crucial to identify and determine the specific legal relationship that encompasses certain civil rights or obligations. This allows for the application of appropriate or analogous legal norms. By using these norms, along with the entire body of law or rule of law, it becomes possible to identify all the civil rights and obligations within that legal relationship and to understand their interrelationships. This leads to the proper handling of controversial cases. In the nine cases discussed in this volume, the method of legal relations was overlooked to varying degrees. Therefore, an important goal of this volume is to encourage both legal practice and theoretical research to take note of and implement the methodology of legal relations.The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.

As the second volume of a three-volume set that critically reviews typical civil cases in China, this book focuses on the importance of constitutive requirements of legal rules.A legal rule consists of constitutive requirements and legal effects. The constitutive requirements should trigger specific legal effects and not lead to unintended consequences. If they do not, the application of a legal rule may not produce the desired result. Any change in the constitutive requirements should result in a corresponding change in the legal effects. A mismatch between the two can lead to unfairness and injustice. In the nine cases discussed in this volume, these principles were either seriously overlooked or given insufficient attention, with various negative consequences.The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.

As the final volume of a three-volume set that critically examines typical civil cases in China, this book focuses on resolving conflicts between outdated laws and an advancing society.Laws may become obsolete over time, or their relevance may be greatly diminished. With social changes and changes in the social system, it becomes inevitable to update laws. In China's reform and opening-up era, the social relations governed by civil and commercial laws are constantly evolving, resulting in noticeable changes. However, the enacted and effective civil and commercial laws may not immediately keep pace with these changes. Against this background, it may not always be appropriate to apply the law mechanically, especially in individual cases. Judgments in particular cases may be based on the details of those cases, guided by fundamental principles, and may disregard certain specific provisions in order to achieve fairness and justice. Some of the nine cases discussed in this volume have successfully practiced these principles, but most still have room for criticism and improvement.The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.

As the first volume of a three-volume set that provides critical reviews of typical civil cases in China, this book focuses on the methodology of legal relations and their importance in adjudication.It is crucial to identify and determine the specific legal relationship that encompasses certain civil rights or obligations. This allows for the application of appropriate or analogous legal norms. By using these norms, along with the entire body of law or rule of law, it becomes possible to identify all the civil rights and obligations within that legal relationship and to understand their interrelationships. This leads to the proper handling of controversial cases. In the nine cases discussed in this volume, the method of legal relations was overlooked to varying degrees. Therefore, an important goal of this volume is to encourage both legal practice and theoretical research to take note of and implement the methodology of legal relations.The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.

As the second volume of a three-volume set that critically reviews typical civil cases in China, this book focuses on the importance of constitutive requirements of legal rules.A legal rule consists of constitutive requirements and legal effects. The constitutive requirements should trigger specific legal effects and not lead to unintended consequences. If they do not, the application of a legal rule may not produce the desired result. Any change in the constitutive requirements should result in a corresponding change in the legal effects. A mismatch between the two can lead to unfairness and injustice. In the nine cases discussed in this volume, these principles were either seriously overlooked or given insufficient attention, with various negative consequences.The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.