中华人民共和国最高人民法院案例选(第二辑 英文版)

Cases by Justices The People v. Gu X, Jiang X et al.(The Crime of Misreportingthe Registered Capital; the Crime of Illegal and Non-disclosure of Important Corporate Information; the Crime of Misappropriating Funds): Application of Laws in Criminal Cases Involving Protection of Property Rights Xianding Pei and Can Luo The People v. Sun X (A), Sun X (B) et al. (The Crime against Organizing, Leading and Participating in Organizations of a Triad Nature; the Crime against Intentional Homicide and the Crime against Extortion, etc.): The Applicable Laws for Non-incremental Penalty in Retrial and Withdrawal of Indictment,and Adjudication Method in Case Reopening Yunteng Hu and Su Qi Parfums Christian Dior v. Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (SAIC)(Administrative Disputes over Reviewing the Rejection of Trademark Applications): Review Procedure and Applicable Legal Standards for International Trademark Applications for Entry into China Kaiyuan Tao and Shu Tong Valeo Systemes d'Essuyage v. Xiamen Lucas Auto Parts Co. Ltd and Xiamen Fuke Auto Parts Co.Ltd.(Dispute over Infringement of Invention Patent):Identification of Functional Characteristics and Processing of the Application for the Preliminary Injunction in Litigation Dongchuan Luo and Li Zhu Yiyang Investment Company Ltd.(Dandong City) v. The Intermediate People's Court of Dandong City, Liaoning Province (Application to the Intermediate People's Court of Dandong City for State Compensation Resulting from Wrongful Enforcement of the Judgment): Elements and Liability for Wrongful Enforcement of Court Judgment Kaiyuan Tao and Erjun Zhu Cases by the Adjudication Committee Shanxi Yicheng Chengdong Renhe Iron & Steel Co.,Ltd Luoyang Pengfei Refractory and Wear-resistant Material Co Ltd.et al.(Dispute over Sales Contract):The Debt Assumption Agreement is Revoked by the Court and the Creditor Can Only Request the Fulfillment of Debt Repayment by the Debtor Mingyi Li Agricultural Bank of China Co., Ltd. Bortala Branch v. Xinjiang Xinchengii Catering Service Training, LLC (Dispute over Loan Contract): Determination of the Guarantor Liability in the Case of “Repayment of the Prior Loan with the New Loan” Fubo Wang Hainan Huaqi Industrial Development Company v. The People's Government of Haikou City,and the Third Party:Hainan Xinming Real Estate Co., Ltd.(Dispute over Issuance of State-owned Land Use Certificate): The Determination and Adjudication on the Third-party Bona Fide Acquisitions in Administrative Litigation Hong Yu Characteristic Cases The People v. Zhang X, and Zhang X (A) (Intentional Homicide and Using a Cult to Undermine Law Enforcement):Principles of Punishment against Cult-related Crimes and Application of the Death Penalty on Cult Members Committing Serious Crimes Qiquan Wang The People v.Wang X (Obstruction of Testimony): Identifying Standards for the Constitution of the Crime of Obstruction of Testimony Jinya Wang and Jianfang Yun The People v. Yang X and Shi X (Misappropriation of Public Funds):Assessment and Application of the “Special Circumstances”Warranting a Sentence Lesser than the Statutory Penalties Xiaoyang Shang Qin X v. Sun X and Zhang X (Dispute over a Sales Contract): A Dispute over the Expropriation Indemnity for Real Estate without an Ownership Certificate is a Civil Dispute Yanchen Li Lhasa Makye A me Catering Chain Co., Ltd.v. Land and Resources Bureau of Lhasa City (Dispute over the Contract for the Assignment of Construction Land Use Right):A Judicial Determination of Liquidated Damages for Overdue Payment at a per diem Rate of 1%o Stipulated in a Contract for the Assignment of Construction Land Use Right Xiaoyun Li Dongguan Licheng Electronic Industrial Co., Ltd. and Baoyuan Real Estate Development Co., Ltd. in Yuancheng District of Heyuan City v. Dongguan Jinglong Industrial Development Co., Ltd. and Jinghe Industrial Group Co., Ltd. (Dispute over Project Transfer Contract):A Judicial Determination that for a Foreseeable Failure of Contract Performance,No Claims Shall be Made for the Loss of Expected Benefits Xiaohong Qian and Zhifeng Wang Hainan Zhonghe Group Co., Ltd.v. Hainan Meihao Real Estate Development Co.,Ltd.(Dispute over Project Transfer Contract) Commitment Could be Found as a Modification of the Original Contract Gang Cao Jinshang Bank Co., Ltd.East Street Sub-branch, Yingze District Taiyuan City v. Jiexiu City Mianshan Mountain Scenic Area Development Co., Ltd., Shanxi Sanjia New Energy Group Co Ltd.,et al.(Dispute over Loan Contract):Whether the Mortgage Created on the Original Mining Right Continues to be Valid If the Mining Permit Has Not been Renewed upon Its Expiry Fang Mei and Yiqian Fan Meizhou Mediterranean Hotel Co., Ltd. v. Shanghai Pudong Development Bank Co., Ltd. Shenzhen Branch, Shenzhen Zirui Real Estate Development Co., Ltd.(Dispute over Loan Contract) Definitive A nalysis of the Nature of the Entrusted Loan Contract Hongyu Chen and Suheng Xie Bank of Communications Co.,Ltd.Guizhou Branch v.Guizhou Jinchi Hongye Trading Co., Ltd.,Guizhou Yinyuan Financing Guarantee Co., Ltd., Guizhou Zhiyi Real Estate Development Co., Ltd., and Lin X (Dispute over Financial Loan Contract): The Creditor Not Entitled to Claim Guarantee Liability Directly against the Sub-guarantor Zaiyu Guo Zhejiang Kunlun Construction Group Co., Ltd. v. Anhui Wenyue Investment & Real Estate Co.,Ltd.and Department of Culture and Tourism of Anhui Province,et al.(Dispute over Contract on Undertaking Construction Project): Determination of Whether Government Agency and the Enterprise Established Thereby Shall Jointly Assu me Civil Liability and Allocation of the Burden of Proof Huizhuo Liu Zhang X v. Haili Holding Group Co., Ltd., and Gan X (Dispute over Contract on Undertaking Construction Project): Probative Value of Decided Facts Ascertained by Judgment in Subsequent Litigation Xiaoyun Li Heilongjiang Province Qingda Water Conservancy and Hydroelectric Engineering Co.,Ltd.v.Daqing Oilfield Mudanjiang New Energy Co.,Ltd.(Dispute over Contract on Undertaking Construction Project): Applicable Rules for the Interest on Construction Payment in Arrears and Liquidated Damages in Cases of Dispute over Contract on Undertaking Construction Project Jianhua Wu and Hening Ma Liu X v.Zhangye Jinxin Pawnshop Co.,Ltd.(Supervision on Enforcement of Ruling on Pawn Contract Dispute) Determination of the Nature of a Pawn Contract with No Registration of the Things Pawned Changmao Shao and Shenghai Xue Nanchang Municipal Construction Co., Ltd.v. Liu X and Jiangxi Fuzhen Road and Bridge Construction Co., Ltd. (Unjust Enrichment): No Liability for Restitution Where the Bona Fide Recipient of Ill-gotten Gains Has No Existing Interest Zhanfei Wang and Muhan Liu Jilin Jinhe Real Estate Development Co., Ltd. v. Sichuan Longhai Huifeng Industry Co., Ltd.(Dispute over Pooling Contract) Judicial Determination of the Establishment of Apparent Agency Xiangzhuang Sun Guangdong Overseas Chinese Trust & Investment Corp.v.Guotai Junan Securities Co., Ltd. (Dispute over Securities Repurchase Agreement): Judicial Determination of Legal Personality Xiangzhuang Sun Meng X, Changchun Shengxiang Construction Engineering Co Ltd.v. Li X (A),Changchun Tengan Real Estate Development Co Ltd.(Execution Objection by Outsiders):Findings of the Legal Liability of the Illegal Profiteer Ge Su Hu X(A),Hu X(B),et al.v.Deqing Jinhengkun Real Estate Development Co.,Ltd.,Chen X,et al.(Dispute over the Third-party Revocation):Determination of the Subject of the Third-party Revocation Xuefeng Ren Zhang X v.Tianjin Hengzeng Real Estate Company,Zhejiang Huanyu Construction Company (Dispute over the Third-party Revocation): Identification Criteria of the Third-party without Independent Right to Claim in a Third-party Revocation Lawsuit Shaojun Fu Henan Shenquanzhiyuan Industrial Development Co., Ltd and Zhao X v. Ruzhou Boyi Sightseeing and Medical Theme Park Development Co., Ltd., Yan X, etc.(Supervision on Enforcement of the Decision on Private Lending Dispute): Balance and Protection of Parties'Interests in Paying-a-debt-in-kind-assets Cases Guohui Xiang Beijing Avic Zhicheng Technology Co., Ltd.v.Shenzhen Feipengda Refined Manufacturing Co., Ltd.(Dispute over Copyright Infringement): Miniature Works in the Original Proportion Do Not Constitute Model Works Rong Li Michael Jeffrey Jordan v. Trademark Review and Adjudication Board of the State Administration for Industry and Commerce of the People's Republic of China and Qiaodan Sports Products Co., Ltd. [Administrative Dispute over (Graphics) Trademark Infringement]: Requirements for Protecting the Prior Right of Image in Trademark Administrative Cases Weike Du and Xian Tang Hebei Farun Forestry Technology Co.,Ltd.v.Hebei Expressway Hengda Management Office (Dispute over Infringement of Right to New Varieties of Plant): Understanding and Identification of “Production”and “Reproduction”in Article 28 of the Seed Law Lihua Mao Wuxi Guowei Ceramic Electric Appliances Co., Ltd.and Jiang X v.Changshu Linzhi Electric Heating Device Co., Ltd.and Suning Holdings Group Co., Ltd.(Dispute over Infringement of Patent Right to Utility Models): The Calculation of Patent Infringement Damages Li Zhu and Bo Zhang Xisia Longcheng Special Materials Co, Ltd. v. Yulin Intellectual Property Bureau, Shenmu Tianyuan Chemical Co., Ltd. of Shaanxi Coal and Chemical Industry (Dispute over Administrative Resolution of Patent Rights): Identification and Resolution on Procedure Violations in Administrative Enforcement of Patent Law Yunpeng Ma Zhejiang Longda Stainless Steel Co., Ltd. v. A. P. Moller-Maersk A/ S (Dispute over the Contract of Carriage of Goods by Sea) Application of Law Concerning the Consignor's Right to Modify the Contract for Goods in Transit Ke Zhao Qu X v. Weihai Central Branch of China Continent Property Casualty Insurance Co., Ltd., Shidao Branch of China Continent Property & Casualty Insurance Co., Ltd.(Dispute over Marine Insurance Contracts):The Liability of Insurance Compensation and the Determination of the Amount and Interest of Insurance Compensation Xiaohan Yu Shipping Insurance Operation Center of PICC v. Shipbuilding Plant of Taizhou Sanfu Ship Engineering Co., Ltd.(Dispute over Shipbuilding Insurance Contract): Clarification of the Meaning of Seagoing Vessels and Interpretation of Insurance Clauses Xiaohan Yu Liu X v. Wenjiang District Public Security Bureau of Chengdu Public Security Bureau of Sichuan Province (An Administrative Penalty Case):On Proportionating Punishment to Crime Xiaobin Wang Liu X v. The People's Government of Yicheng District, Zhumadian City, Henan Province and Renmin Sub-district Office, Yicheng District, Zhumadian City, Henan Province (Administrative Compulsory Demolition):The Lessee of a Directly Administered Publicly-owned Housing Has an Interest in Compulsory Demolition of the Leased Publicly-owned Housing Lei Tong Liang X v. The People's Government of Napo County and the Collective of Nahuaitun,Dekang Village, Dulong Township Napo County (Third Party) (Dispute over Ad ministrative Forestry Registration): Restrictions on Self-rectification of Administrative Agencies by Cancellation or Revocation Junyong Xiong Fu X (A) and Fu X (B) v. Yangpu Econo mic Develop ment Zone Management Committee (Administrative Order of Housing Demolition and Relocation and Resettlement): Recognition by the Competent Administrative Agency of the De Facto Adoptive Relationship between the Persons Who Receive Housing Relocation and Resettlement Indemnities Yingxin Zhang Joint-equity Economic Cooperative Union of Zhangxi Village and the Eighth Joint-equity Economic Cooperative of Zhangxi Village v. The People's Government of Zhongshan City and Yang X(Third Party)(Dismissal of an Administrative Reconsideration Application): Divorce is Not a Legal Premise for Loss of Membership in a Rural Collective Economic Organization Xiujiang Guo Hong Kong Stoll Industrial (Group) Co., Ltd. v. The People's Government of Taizhou City, the People's Government of Hailing District, Taizhou City (Dispute over the Investment Attraction Agreement): The Determination of Administrative Agreements and the Concept of Trying Administrative Disputes Involving Consensual Agreements Baojian Geng and Qin Yin Zhou X(A)v. The Administration Commission of Huzhou Economic and Technological Development Zone,Zhejiang Province (Dispute over Administrative Compensation for Housing Demolition and Resettlement): Understanding of the “Direct Loss” in Subparagraph 8 of Article 36 of the State Compensation Law Xiaobin Wang Zhang X v.The People's Government of Jianxi District, Luoyang City (Dispute over Government Information Disclosure): The “Transiency” and “Actual Accessibility”of Government Information Guangyu Li and Fangfei Luo