CHINA LAW CONNECT • Issue 3 (December 2018) 中国法律连接 • 第3 期 (2018年12月)

Administrative GCs

Survey: Guiding Cases* Number Number of SCs of SCs Submit your answers to the questionnaire The China Guiding Cases Project GC Case Name (translated by the CGCP) Identified GC Identified No. through No. Case Name (translated by the CGCP) through online at https://bit.ly/2VdqGPB. Dec. 31, Dec. 31, 2017 2017 Luwei (Fujian) Salt Industry Import and Export Chongqing Fuling Zhida Property Management Co., 5 Co., Ltd. Suzhou Branch v. The Salt Administration 18 Ltd. v. Fuling District Human Resources and Social Bureau of Suzhou Municipality, Jiangsu Province, A 94 Security Bureau of Chongqing Municipality, An - Salt Industry Administrative Penalty Case Administrative Confirmation Case Concerning Labor HUANG Zefu, HE Boqiong, and HE Yi v. The and Social Security Dear Friends of the China Guiding Cases Project, in-depth study should be conducted on each GC (with 6 Jintang Administration for Industry and Commerce 8 LUO Yuanchang v. Local Maritime Division of “1” showing that you strongly disagree and “10” you of Chengdu Municipality, Sichuan Province, An Pengshui Miao and Tujia Autonomous County, Administrative Penalty Case 101 Chongqing Municipality, A Case About Open - Since the Supreme People’s Court of China (the “SPC”) strongly agree). Please mark your selections on the Inner Mongolia Qiushi Real Estate Development Government Information issued the Provisions of the Supreme People’s Court sliding scale for each GC provided on the online survey 21 Limited Liability Company v. The Civil Air Defense 8 Concerning Work on Case Guidance1 in November 2010 at https://bit.ly/2VdqGPB. Office of Hohhot Municipality, A Civil Defense Civil GCs Administrative Levy Case to establish the groundbreaking Case Guidance System, WEI Yonggao and CHEN Shouzhi v. The People’s the SPC has released 106 Guiding Cases (“GCs”), which Criminal GCs 22 Government of Lai’an County, A Case About a Reply 27 Number are de facto binding precedents to guide the adjudication of to Recover Land-Use Rights of SCs GC Identified similar subsequent cases across a range of legal areas. Over Number LI Jianxiong v. Department of Transport of No. Case Name (translated by the CGCP) through of SCs 26 Guangdong Province, A Case About Open 5 Dec. 31, the years, the China Guiding Cases Project (the “CGCP”) Government Information GC Case Name (translated by the CGCP) Identified 2017 has closely followed developments with respect to these No. through TIAN Yong v. The University of Science and GCs and has identified 1,281 subsequent cases (“SCs”) that Dec. 31, 38 Technology Beijing, A Case of a Refusal to Award a 2 Shanghai Centaline Property Consultants Limited v. 2017 Graduation Certificate and a Degree Certificate 1 26 mention these GCs. TAO Dehua, An Intermediation Contract Dispute 3 PAN Yumei and CHEN Ning, A Bribe-Accepting Case 1 HE Xiaoqiang v. Huazhong University of Science and 39 Technology, A Case of a Refusal to Confer a Degree 0 4 WANG Zhicai, An Intentional Homicide Case 1 WU Mei v. Meishan Xicheng Paper Co., Ltd. of The CGCP would like to solicit your opinions SUN Lixing v. The Labor and Personnel Bureau of 11 YANG Yanhu et al., A Graft Case 3 2 Sichuan Province, A Sale and Purchase Contract 5 regarding which GCs should be followed up with an in- 40 Tianjin New Technology Industrial Park, A Work- 3 Dispute depth study. Specifically, which GCs are so important 12 LI Fei, An Intentional Homicide Case 2 Related Injuries Determination Case Mudanjiang Municipality Hongge Construction and or involve areas of law so complex that law and business WANG Zhaocheng et al., An Illegal Trading and XUAN Yicheng et al. v. Bureau of Land and Resources 13 Storage of Hazardous Substances Case 9 41 of Quzhou Municipality, Zhejiang Province, A Case of 24 Installation Co., Ltd. v. Mudanjiang Municipality professionals would find detailed analyses beneficial? a Recovery of the Rights to Use State-Owned Land 7 Hualong Real Estate Development Co., Ltd. and 0 A certain DONG and a certain SONG, A Robbery ZHANG Jizeng, A Construction Project Contract 14 Case 6 DAI Shihua v. The Public Security Fire Protection 59 Brigade of Jinan Municipality, A Dispute over an 1 Dispute We will publish the results of this survey worldwide. Your 27 ZANG Jinquan et al., A Theft and Fraud Case 0 Inspection for Acceptance of Fire Protection valuable opinions will help shape our publication plans. 28 HU Kejin, A Case of a Refusal to Pay Remuneration 1 The Dongtai Branch of Aokang Food Co., Lin Fangqing v. Changshu Kailai Industry Co., Ltd. 8 and DAI Xiaoming, A Corporate Dissolution Dispute 28 The survey, together with follow-up research, will further A certain ZHANG and a certain JIN, A Dangerous Ltd. of Yancheng Municipality v. The Dongtai promote the development of China’s Case Guidance System 32 Driving Case 1 60 Administration for Industry and Commerce of 200 Yancheng Municipality, An Industry and Commerce Shanghai Cunliang Trading Co., Ltd. v. JIANG and ultimately benefit all courts in China. MA Le, A Case About Using Nonpublic Information Administrative Penalty Case 61 for Trading 3 9 Zhidong, WANG Weiming et al., A Sale and Purchase 66 WANG Mingde v. The Human Resources and Social Contract Dispute 62 WANG Xinming, A Contract Fraud Case 3 69 Security Bureau of Leshan Municipality, A Case About 3 Thank you for your participation! the Determination of Work-Related Injuries 63 XU Jiafu, A Case About Compulsory Medical 0 LI Jianjun v. Shanghai Jiapower Environment Treatment Pingxiang Yapeng Real Estate Development Co., 10 Protection Science and Technology Co., Ltd., A 9 The China Guiding Cases Project Beijing Sunshine100 Biotechnology Development 76 Ltd. v. Bureau of Land and Resources of Pingxiang 1 Corporate Resolution Revocation Dispute 70 Co., Ltd., XI Wenyou, et al., A Case of Producing and 0 Municipality, A Case about Non-Performance of an Administrative Agreement *** Selling Toxic and Harmful Food XCMG Construction Machinery Co., Ltd. v. Chengdu MAO Jianwen, A Case of Refusing to Carry Out a LUO Rongrong v. The Price Bureau of Ji’an 15 Chuanjiao Industry and Trade Co., Ltd. et al., A Sale 122 71 Judgment or Ruling 4 77 Municipality, A Case About Handling Price 12 and Purchase Contract Dispute 1. All GCs released by the SPC as of December Administration 87 GUO Mingsheng, GUO Mingfeng, and SUN Shubiao, 0 31, 2018, are listed and grouped into four categories, A Case About Counterfeiting a Registered Trademark ZHANG Daowen, TAO Ren, et al. v. The People’s ZHANG Li v. Beijing Heli Huatong Automobile 88 Government of Jianyang Municipality, Sichuan 0 17 Service Co., Ltd., A Sale and Purchase Contract 29 namely Criminal GCs, Administrative GCs, Civil GCs, 93 YU Huan, An Intentional Injury Case - Province, A Case of Infringing Upon the Right to Dispute 2 Operate Manpower Passenger Tricycle Businesses and Other GCs. For each GC except GC Nos. 88−106, 97 WANG Lijun, A Case About Illegal Business - Operations and Acquittal after Retrial “BEIYAN Yunyi” v. Yanshan Police Station, Lixia the number of SCs mentioning the GC as identified by ZTE (Hangzhou) Company Limited v. WANG Peng, FU Xuanhao and HUANG Zichao, A Case About 89 District Branch, Public Security Bureau of Jinan 0 18 1 the CGCP through December 31, 2017, is also provided. 102 Sabotaging a Computer Information System - Municipality, A Public Security Administrative A Labor Contract Dispute Registration Case From 1 to 10, please indicate how much you agree that XU Qiang, A Case About Sabotaging a Computer 103 Information System - BEI Huifeng v. The Traffic Police Brigade of the ZHAO Chunming et al. v. The Automobile Transport Company of Fushan District, Yantai Municipality, 90 Public Security Bureau of Haining Municipality, 0 19 26 104 LI Sen, HE Limin, ZHANG Fengbo, et al., A Case - A Case of Administrative Penalties of Road Traffic WEI Deping, et al., A Motor Vehicle Traffic Accident All GCs are available on the CGCP's About Sabotaging a Computer Information System Administration Liability Dispute online search directory at https://cgc.law. 105 HONG Xiaoqiang, HONG Liwo, HONG Qingquan, - SHA Mingbao et al. v. The People's Government of Shenzhen Siruiman Fine Chemicals Co., Ltd. v. and LI Zhirong, A Case About Opening a Casino Huashan District, Ma'anshan Municipality, A Case Shenzhen Kengzi Water Supply Co., Ltd. and stanford.edu/guiding-cases. 91 0 20 Shenzhen Kangtailan Water Treatment Equipment 0 106 XIE Jianjun, GAO Lei, GAO Erqiao, YANG Zebin, A - of Administrative Compensation for Compulsory Case About Opening a Casino Demolition of Housing Co., Ltd., An Invention Patent Infringement Dispute

63 China Guiding Cases Project 中国指导性案例项目 64 CHINA LAW CONNECT • Issue 3 (December 2018) 中国法律连接 • 第3 期 (2018年12月)

Number Number Number Other GCs (e.g., Maritime, State Compensation) of SCs of SCs of SCs GC Case Name (translated by the CGCP) Identified GC Case Name (translated by the CGCP) Identified GC Case Name (translated by the CGCP) Identified No. through No. through No. through Number Dec. 31, Dec. 31, Dec. 31, of SCs 2017 2017 2017 GC Case Name (translated by the CGCP) Identified SUN Yinshan v. Nanjing Auchan Hypermarket Co., China Biodiversity Conservation and Green No. through A certain Ms. LI and GUO X Yang v. GUO X He and Development Foundation v. Ningxia Ruitai Dec. 31, 23 Ltd. Jiangning Store, A Sale and Purchase Contract 76 50 a certain Ms. TONG, A Succession Dispute 0 75 0 Dispute Technology Co., Ltd., A Case of Public Interest 2017 Litigation over Environmental Pollution China Shipping Development Co., Ltd. Tramp Abdul Waheed v. China Eastern Airlines Corporation RONG Baoying v. WANG Yang and Alltrust Beijing Qihu Technology Co., Ltd. v. Tencent 16 Company, A Case of an Application for the 0 24 Insurance Co., Ltd. Jiangyin Branch, A Motor Vehicle 357 51 Limited, A Dispute over a Contract for the Carriage of 1 Technology (Shenzhen) Company Limited and Establishment of a Limitation of Liability Fund for Traffic Accident Liability Dispute Passengers by Air 78 Shenzhen Tencent Computer Systems Company 0 Maritime Claims Limited, A Dispute over Abusing Dominant Market Hainan Fenghai Grain and Oil Industry Co., Ltd. v. ZHU Hongwei, A Case of an Application for Huatai Property & Casualty Insurance Co., Ltd. Positions 42 Compensation for Arrest without a Finding of Guilt 0 52 The Hainan Branch of PICC Property and Casualty 1 Beijing Branch v. LI Zhigui and Zhangjiakou Company Limited, A Dispute over An Insurance WU Xiaoqin v. Shaanxi Broadcast & TV Network Haikou Binhai Avenue (Tianfu Hotel) Securities 25 Subbranch of Tianan Property Insurance Company 23 Contract for the Carriage of Goods By Sea 79 Intermediary (Group) Co., Ltd., A Dispute over a 0 Business Department of Guotai Junan Securities Co., Limited of China Hebei Provincial Branch, An Bundled Transaction 43 Ltd., A Case of an Application for Compensation for 1 Insurer's Subrogation Right Dispute The Fuzhou Wuyi Sub-Branch of Fujian Haixia Bank Co., Ltd. v. Changle Yaxin Sewage Treatment Co., Ltd. HONG Fuyuan and DENG Chunxiang v. Guizhou Erroneous Enforcement Tianjin China Youth Travel Service v. Tianjin Guoqing 53 and Fuzhou Municipal Administration Engineering 7 80 Wufufang Foods Co., Ltd. and Guizhou Jincai Ethnic 0 BU Xinguang, A Case of an Application for 29 International Travel Agency, A Dispute over an 1 Co., Ltd., A Dispute over a Financial Borrowing Culture R & D Co., Ltd., A Copyright Infringement 44 Compensation for Illegal Criminal Recovery 0 Unauthorized Use of Another’s Enterprise Name Contract Dispute The Anhui Branch of the Agricultural Development ZHANG Xiaoyan v. LEI Xianhe, ZHAO Qi, and LAN Jianjun and Hangzhou Suremoov Automotive Bank of China v. ZHANG Dabiao and Anhui 81 Shandong Aishuren Audio-Video & Book Co., Ltd., A 0 2. Additional Comments. Please let us know why, Technology Company Limited v. Tianjin Xiaomuzhi 54 Changjiang Financing Guarantee Group Co., Ltd., 58 Copyright Infringement Dispute 30 Automobile Maintenance and Repair Services Co., 0 specifically, you believe any particular GC(s) should be A Dispute Concerning a Suit over an Objection to WANG Suiyong v. Shenzhen Ellassay Fashion Co., Ltd. et al., A Trademark Infringement and Unfair Enforcement analyzed in depth. (Optional) Competition Dispute 82 Ltd. and Hangzhou Intime Century Department Store 2 BAI Wanqing v. Chengdu Hard-To-Find Items Co., Ltd., A Trademark Infringement Dispute ______Jiangsu Weilun Shipping Co., Ltd. v. Miranda Rose 55 Marketing Services Center et al., A Utility Model 0 Weihai Jiayikao Household Appliance Co., Ltd. v. ______31 Limited, A Ship Collision Damages Dispute 0 Patent Infringement Dispute Yongkangshi Jinshide Industry & Trading Co., Ltd. 83 and Zhejiang Tmall.com Network Co., Ltd., A Dispute 0 ______HAN Fengbin v. Inner Mongolia Jiujun over Infringement of an Invention Patent ______Cargill International S.A. v. Fujian Jinshi Vegetable 56 Pharmaceutical Co., Ltd. et al., A Case of Objections 1 Lilly Company v. WATSON Pharmaceuticals 33 Oil Producing Co., Limited et al., A Dispute over 13 to Jurisdiction in a Product Liability Dispute 84 (Changzhou) Co., Ltd., A Dispute over Infringement 0 Contracts Affirmed to be Invalid of an Invention Patent The Ningbo Branch of Bank of Wenzhou Co., Ltd. v. 3. Is there any particular area of law or legal issue Application by LI Xiaoling and LI Pengyu for 57 Zhejiang Chuangling Electric Appliance Co., Ltd. et 6 Grohe AG v. Zhejiang Jianlong Sanitary Ware Co., Enforcement against Xiamen Marine Industry al., A Dispute over a Financial Borrowing Contract 85 Ltd., A Dispute over Infringement of an Exterior 1 that you hope future GCs released by the SPC will 34 (Group) Co., Ltd. and Xiamen Marine Industry 29 Design Patent cover? Or do you have any specific case(s) in mind that Controlling Corporation, An Enforcement Chengdu Tongdefu Hechuan Peach Piece Co., Ltd. Tianjin Tianlong Seeds Science and Technology Reconsideration Case v. Chongqing Hechuan Tongdefu Sliced-Walnut Co., Ltd. and Jiangsu Xunong Seeds Science and you think should be released as (a) GC(s)? If yes, please 58 Cake Co., Ltd. and YU Xiaohua, A Trademark 0 86 0 Guangdong Longzheng Investment Development Co., Technology Co., Ltd., A Dispute over Infringement of provide the case name(s) and, if possible, link(s) to the Infringement and Unfair Competition Dispute Rights to New Plant Varieties 35 Ltd. and Guangdong Jingmao Auction Co., Ltd., An 1 judgment(s). (Optional) Enforcement Reconsideration Case on an Entrusted LIU Chaojie v. The Xuzhou Branch of China Mobile Laizhou Jinhai Seeds Co., Ltd. v. Zhangye Fukai Auction 64 Group Jiangsu Company Limited, A Dispute Over a 0 ______92 Agricultural Science and Technology Limited Liability 0 Zhongtou Credit Guarantee Co., Ltd. and Telecommunications Service Contract Company, A Dispute over Infringement of Rights to a ______New Plant Variety 36 Haitong Securities Co., Ltd. et al., An Enforcement 1 The Owners’ Association of the Jiule Building ______Reconsideration Case on a Dispute over the Rights and Community, Hongkou District, Shanghai Xuancheng Longshou Branch of the Industrial and ______Interests in Securities 65 Municipality v. Shanghai Huanya Industrial 2 Commercial Bank of China v. Xuancheng Baiguan Corporation, A Dispute over Owners’ Joint Ownership 95 Trading Co., Ltd. and Jiangsu Kaisheng Property - Shanghai Jwell Machinery Co., Ltd. and Retech Rights Company Limited, A Dispute over a Financial 37 Aktiengesellschaft, Switzerland, An Enforcement 0 Borrowing Contract Reconsideration Case on an Arbitral Award A certain LEI v. a certain SONG, A Dispute over SONG Wenjun v. Xi'an Dahua Food and Beverage 4. In case we decide to include your comments 66 Divorce 6 96 Co., Ltd., A Dispute over a Confirmation of the - in future CGCP publications and you would like us to Beijing Baidu Netcom Science and Technology Co., Qualification of Shareholders 45 Ltd. v. Qingdao Aoshang Network Technology Co., 3 acknowledge your contribution, please provide your Ltd., An Unfair Competition Dispute ZHANG Qingfu and ZHANG Diankai v. ZHU TANG Changlong v. ZHOU Shihai, A Dispute over a 98 Zhenbiao, A Dispute over Rights to Life - name, professional title and affiliation, and email 67 Transfer of Shareholding 0 Shandong Lu Jin Industrial Co., Ltd. v. Juancheng GE Changsheng v. HONG Zhenkuai, A Dispute over address. (Optional) Lu Jin Crafts Co., Ltd. and Jining Lizhibang Home 99 Rights to Reputation and Honor - ______46 Textiles Co., Ltd., A Trademark Infringement and 2 Shanghai Oubao Biotechnology Co., Ltd. v. Liaoning Unfair Competition Dispute 68 Trevi Real Estate Development Co., Ltd., A Dispute 1 Shandong Denghai Pioneer Seeds Co., Ltd. v. Shaanxi ______over Corporate Lending Nongfeng Seed Industry Co., Ltd. and Shanxi Dafeng Ferrero International S.A. in Italy v. Montresor 100 Seed Industry Co., Ltd., A Dispute over Infringement - ______(Zhangjiagang) Food Co., Ltd. and Zhengyuan TANG Long, LIU Xinlong, MA Zhongtai, and WANG of Rights to New Plant Varieties ______47 Marketing Co., Ltd. in Tianjin Economic - 1 Honggang v. Xinjiang Ordos Yanhai Real Estate Technological Development Area, An Unfair 72 Development Co., Ltd., A Dispute over a Contract for 25 Competition Dispute the Sale and Purchase of Commercial Housing * The citation of this CLC SpotlightTM is: The China Guiding Cases Project, Survey: Guiding Cases, 3 China Law Connect 63 (Dec. 2018), also Beijing Jingdiao Co., Ltd. v. Shanghai Naikai Tongzhou Construction General Contracting Group available at Stanford Law School China Guiding Cases Project, CLC SpotlightTM, Dec. 2018, http://cgc.law.stanford.edu/clc-spotlight/clc-3- 48 Electronic Science and Technology Co., Ltd., A 0 73 Co., Ltd. v. Anhui Tianyu Chemical Co., Ltd., A 1 201812-others-2-cgcp. The original, English version of this piece was edited by Emily Cao, Jennifer Ingram, and Dr. Mei Gechlik. Computer Software Copyright Infringement Dispute Dispute over a Right of Exclusion 1《最高人民法院关于案例指导工作的规定》 (Provisions of the Supreme People’s Court Concerning Work on Case Guidance), passed by the Adjudication The Jiangsu Branch of Ping An Property & Casualty Committee of the Supreme People’s Court on Nov. 15, 2010, issued on and effective as of Nov. 26, 2010, Stanford Law School China Guiding SHI Honglin v. Taizhou Huaren Electronic Insurance Company of China, Ltd. v. Jiangsu Cases Project, English Guiding Cases Rules, June 12, 2015 Edition, http://cgc.law.stanford.edu/guiding-cases-rules/20101126-english. 49 Information Co., Ltd., A Dispute over Computer 0 74 3 Zhenjiang Installation Group Co., Ltd., A Dispute over 2 Software Copyright Infringement GC Nos. 88–92 were released on Nov. 15, 2017, GC Nos. 93–96 were released on June 20, GC Nos. 97–101 were released on December 19, 2018, and GC Nos. 102–106 an Insurer’s Right of Subrogation were released on December 25, 2018.

65 China Guiding Cases Project 中国指导性案例项目 66