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Guiding Cases 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.
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