Selected Cases from the Supreme People’s Court of the People’s Republic of China : Volume 4.

Format:

Book

Author/Creator:

Zhu, Feng.

Contributor:

Ding, Wenyan.

Han, Hongyu.

Ma, Qiujing.

Zheng, Daxuan.

Cao, Zhijian.

Sun, Lin.

Zhu, Xiaohua.

Niu, Benlin.

Duan, Jing.

Series:

Library of Selected Cases from the Chinese Court, 2662-527X

Language:

English

Subjects (All):

Conflict of laws.

International law.

Comparative law.

Civil law.

Criminal law.

Administrative law.

Private International Law, International and Foreign Law, Comparative Law.

Civil Law.

Criminal Law and Criminal Procedure Law.

Administrative Law.

Local Subjects:

Private International Law, International and Foreign Law, Comparative Law.

Civil Law.

Criminal Law and Criminal Procedure Law.

Administrative Law.

Physical Description:

1 online resource (440 pages)

Edition:

1st ed. 2023.

Place of Publication:

Singapore : Springer Nature Singapore : Imprint: Springer, 2023.

Summary:

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.

Contents:

Chapter 1: Lianqi Development Co., Ltd. v. Shanghai Baoye Group Corp., Ltd., Sakai SIO International（Guangzhou）Co., 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.（Beijing）v. 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 People’s 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 People’s 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 Spliethoff’s 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. F.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

981-9963-64-8

OCLC:

1417760175