《JUDICIAL INTERPRETATION IN CHINA》求取 ⇩

Chapter 1Introduction1

Article 78 of the 1954 Constitution7

The 1979 Organic Law of the People's Courts9

The 1982 Constitution10

Chapter 2The Supreme People's Court and the Gazette21

The Legal Status of the Court21

With Lower Courts21

With the Procuratorate26

With the Legislature29

What is the Gazette?32

The Gazette's Author33

The Gazette's Contents38

The Gazette's Relation to the Court45

Chapter 3An Examination of the Documents in the Gazette49

The Limitations49

Violation of the Limitations51

Why does the Court Ignore the Limitations?59

Commentary63

Chapter 4An Examination of Interpretations in the Gazette73

The Restraints on the Court's Interpretations73

Does the Court Give Interpretations Properly?78

Putting the Owner of Individual Enterprises within the Scope of Criminal Offenders78

Shortening the Term of Suspension83

Interpretation or Legislation?91

Did the Court Supervise the Enforcement of the Constitution?94

The Basis for the Court to Give Interpretations106

Why did the Court Change its Interpretations?112

Is There any Conflict Between the Court's Opinions and Party Policy?115

Why Does the Court Show No Respect for the Legislature?118

Commentary125

Chapter 5An Examination of Cases Published in the Gazette131

Introduction131

The Role that Decided Cases Once Played in Chinese History134

Before 1949134

After 1949137

Guidance or Precedents ?142

A Brief Introduction to Cases Published in the Gazette143

Guidance or Precedent?145

How do Gazette Cases Provide Guidance?160

Following Party Policy Closely: The Li Fuyong Case161

Awaiting the Change of Party Policy: The Zhao Hengdong Case165

Avoiding Sensitive Constitutional Issues: The Duyong Case169

Special Features of Gazette Cases180

Commentary185

Chapter 6Closing Commentary191

The Chinese Rule of Law and its Implications for the Judiciary193

The Rule of Law in the West198

General Meaning of the Concept198

Some Particular Aspects of the Concept201

Is the Western Rule of Law Adaptable to China?203

Does China Need an Independent Judiciary?207

The Changes Regarding the Role of the Supreme People's Court212

External Changes213

Internal Changes226

Conclusion234

APPENDICES243

Appendix AThe Supreme People's Court: Notice on Strengthening Economic Adjudications243

Appendix B The Case of Li Fuyong, Liu Jianxin and Yang Wengao who Sabotaged Electric Power Equipment250

Appendix C The Case of Zhao Hengdong Released Upon his Innocence254

Index261