Compilation of Guiding Cases (Including the latest 9 cases of the 27th batch announced)

Source: Approaching the Civil Code

　　With the increasingly unified trend of similar cases and the increasingly improved rules for guiding cases, the guiding role of authoritative cases is becoming increasingly obvious. Especially the guiding cases of the Supreme People's Court, their authority and guiding significance are self-evident, and they are cases that should be referred to and applied, worthy of attention.

　　For the convenience of legal professionals to learn and understand efficiently, we have categorized all guiding cases into major categories such as civil, commercial, procedural, criminal, and administrative cases. Each category is further subdivided by cause of action, and the corresponding case number of each case is appended for further reference. Forwarding and following are welcome (please indicate the source when reprinting).

　　Civil Cases

　　(1) General Contract Disputes

　　1. Guiding Case No. 1: Shanghai Zhongyuan Property Consultant Co., Ltd. v. Tao Dehua Intermediary Contract Dispute Case

　　Key Points of the Judgment: The agreement in the house purchase and sale intermediary contract prohibiting the buyer from using the property information provided by the intermediary company to bypass the intermediary company and sign a house purchase and sale contract with the seller is legally valid. However, when the seller lists the same house for sale through multiple intermediary companies, if the buyer obtains the same property information through other publicly available legitimate channels, the buyer has the right to choose an intermediary company with a lower price and better service to conclude the house purchase and sale contract, and this behavior does not constitute a breach of contract.

　　(2009) Shanghai Second Intermediate People's Court Civil Second Division (Civil) Final Judgment No. 1508

　　2. Guiding Case No. 72: Tang Long, Liu Xinlong, Ma Zhongtai, Wang Honggang v. Xinjiang Erdos Yanhai Real Estate Development Co., Ltd. Commodity House Purchase and Sale Contract Dispute Case

　　Key Points of the Judgment: If the parties to a loan contract, upon mutual agreement, terminate the loan contract and establish a commodity house purchase and sale contract, converting the principal and interest of the loan into paid house payment after reconciliation and settlement, it does not constitute the situation prohibited by Article 186 of the "People's Republic of China Property Law", and the purpose of establishing the commodity house purchase and sale contract does not belong to the "guarantee of a civil loan contract" as stipulated in Article 24 of the "Supreme People's Court's Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Loan Cases". In the absence of the circumstances stipulated in Article 52 of the "Contract Law of the People's Republic of China", the commodity house purchase and sale contract is legally valid. However, for the amount of the loan principal and interest converted into paid house payments, the People's Court shall examine it in conjunction with the loan contract and other evidence to prevent the parties from converting high interest rates exceeding the legally protected limit into paid house payments.

　　(2015) Supreme People's Court Civil First Division Final Judgment No. 180

　　3. Guiding Case No. 107: Sinochem International (Singapore) Co., Ltd. v. ThyssenKrupp Metallurgical Products Co., Ltd. International Goods Purchase and Sale Contract Dispute Case

　　Key Points of the Judgment: 1. If the parties to an international goods purchase and sale contract are located in countries that are contracting states to the "United Nations Convention on Contracts for the International Sale of Goods", the provisions of the Convention should be applied preferentially. For content not stipulated in the Convention, the law stipulated in the contract shall be applied. If the parties to an international goods purchase and sale contract explicitly exclude the application of the "United Nations Convention on Contracts for the International Sale of Goods", the Convention should not be applied. 2. In an international goods purchase and sale contract, even if the goods delivered by the seller have defects, as long as the buyer can use or resell the goods through reasonable efforts, it should not be considered a case of fundamental breach of contract as stipulated in the "United Nations Convention on Contracts for the International Sale of Goods".

　　(2013) Supreme People's Court Civil Fourth Division Final Judgment No. 35

　　4. Guiding Case No. 17: Zhang Li v. Beijing Heli Huatong Automobile Service Co., Ltd. Purchase and Sale Contract Dispute Case

　　Key Points of the Judgment: 1. For the purchase of a car for the needs of family life, if a fraud dispute occurs, it can be handled in accordance with the "Consumer Rights Protection Law of the People's Republic of China". 2. If an automobile seller promises to sell a new car that has not been used or repaired to a consumer, and the consumer discovers after purchase that it is a used or repaired car, and the seller cannot prove that it has fulfilled its obligation to inform and obtain the consumer's consent, it constitutes sales fraud. If the consumer requests the seller to compensate for the loss in accordance with the Consumer Rights Protection Law, the People's Court should support it.

　　(2008) Beijing Second Intermediate People's Court Civil Division Final Judgment No. 00453

　　5. Guiding Case No. 23: Sun Yinshan v. Nanjing Auchan Supermarket Co., Ltd., Jiangning Branch Purchase and Sale Contract Dispute Case

　　Key Points of the Judgment: If a consumer purchases food that does not meet food safety standards and requests the seller or producer to pay ten times the price as compensation in accordance with the Food Safety Law or to compensate according to other compensation standards stipulated by law, regardless of whether the consumer knew the food did not meet safety standards at the time of purchase, the People's Court should support it.

　　(2012) Jiangning District Court Civil Case No. 646

　　6. Guiding Case No. 33: Cargill International (Switzerland) Co., Ltd. v. Fujian Jinshi Oil Manufacturing Co., Ltd., et al. Confirmation of Contract Invalidity Dispute Case

　　Key Points of the Judgment: 1. If the debtor transfers its main property to its related company at a significantly unreasonable low price, and the related company, knowing that the debtor is in debt, does not actually pay the consideration, it can be determined that the debtor and its related company have colluded maliciously and harmed the interests of the creditor, and the property transfer contract related to this should be deemed invalid. 2. Article 59 of the "Contract Law of the People's Republic of China" applies to the situation where a third party is the owner of the property. When a creditor has a general claim against a debtor, the court should order the return of the property obtained due to an invalid contract to the original property owner according to Article 58 of the "Contract Law of the People's Republic of China", and cannot directly order the debtor's related company to return the debtor's property obtained from the contract due to "malicious collusion and harm to the interests of a third party" according to Article 59.

　　(2012) Supreme People's Court Civil Fourth Division Final Judgment No. 1

　　7. Guiding Case No. 51: Abduweli v. China Eastern Airlines Co., Ltd. Air Passenger Transportation Contract Dispute Case

　　Trial Points: 1. In lawsuits against the actual carrier of air passenger transportation, the plaintiff may choose to sue the actual carrier or the contracting carrier, or may sue both the actual carrier and the contracting carrier simultaneously. If the sued carrier applies to add another carrier to the lawsuit, the court may decide whether to allow it based on the actual circumstances of the case. 2. When force majeure causes flight delays, preventing the airline from transporting passengers transferring to other flights to their destination on time, the airline has the obligation to promptly inform the transferring passengers whether transfer services will be provided after arriving at their destination, and how passengers should handle travel procedures if transfer services are not provided. If the airline fails to fulfill this obligation, causing losses to the transferring passengers, it shall bear the liability for compensation. 3. The airline's notation of "non-refundable, non-transferable" on discounted tickets only restricts passengers purchasing discounted tickets from refunding or transferring due to their own reasons, and cannot deprive passengers of their right to arrive at their destination on time after paying the fare.

　　(2006)Shanghai First Intermediate People's Court Civil First (Civil) Final No. 609

　　8. Guiding Case No. 64: Liu Chao Jie v. China Mobile Communications Group Jiangsu Co., Ltd. Xuzhou Branch Telecommunications Service Contract Dispute Case

　　Trial Points: 1. If an operator does not clearly stipulate the restrictive conditions for a certain commodity or service in a standard contract, and fails to prove that these restrictive conditions were clearly informed to and agreed upon by the consumer when the contract was concluded, these restrictive conditions shall not be effective for the consumer. 2. If a telecommunications service enterprise fails to inform the consumer of any time limit restrictions on a certain service when the contract is concluded, and then restricts or stops services to the consumer in the performance of the contract on the grounds that the service has exceeded the validity period, it constitutes a breach of contract and shall bear the liability for breach of contract.

　　(2011)Quanzhou Intermediate People's Court Initial Judgment No. 240

　　(II) Property Rights Disputes

　　1. Guiding Case No. 65: Shanghai Hongkou District Julele Building Community Owners' Committee v. Shanghai Huanya Real Estate Group Co., Ltd. Owners' Common Property Rights Dispute Case

　　Trial Points: Special repair funds are specifically used for the repair, renewal, and renovation of common parts and common facilities and equipment of properties after the expiration of the warranty period, and belong to all owners jointly. Paying special repair funds is a statutory obligation for owners to maintain the long-term safe use of the building. If an owner refuses to pay special repair funds and raises the defense of the statute of limitations, the people's court will not support it.

　　(2011)Shanghai Second Intermediate People's Court Civil Second (Civil) Final No. 1908

　　(III) Tort Liability Disputes

　　1. Guiding Case No. 19: Zhao Chunming et al. v. Yantai Fushan District Automobile Transportation Company, Wei Depeng et al. Motor Vehicle Traffic Accident Liability Dispute Case

　　Trial Points: If the owner or manager of a motor vehicle lends its license plate to others for use in cloning, or knowingly fails to stop others from using its license plate in cloning, and the cloned motor vehicle causes damage to others in a traffic accident, the owner or manager of the motor vehicle shall bear joint and several liability with the owner or manager of the cloned motor vehicle.

　　(2010)Shanghai Second Intermediate People's Court Civil First (Civil) Final No. 1353

　　2. Guiding Case No. 98: Zhang Qingfu, Zhang Diankai v. Zhu Zhenbiao Right to Life Dispute Case

　　Trial Points: If a person, without statutory duties, legal obligations or contractual obligations, acts to protect the interests of the state, public interests of society, or the personal safety and property of others, and stops the illegal offender from escaping, the people's court may determine this as an act of bravery.

　　(2018) Hebei Province No.02 Civil Final 2730

　　3. Guiding Case No. 99: Ge Changsheng v. Hong Zhenkuai Defamation and Honor Dispute Case

　　Trial Points: 1. If close relatives of heroes and martyrs file a lawsuit with the people's court for acts that infringe upon the reputation and honor of heroes and martyrs, the people's court shall accept it. 2. The deeds and spirit of heroes and martyrs are the common historical memory of the Chinese nation and an important embodiment of socialist core values, and the reputation and honor of heroes and martyrs are protected by law. When the people's court hears cases of infringement on the reputation and honor of heroes and martyrs, it should not only protect the relevant personal rights in accordance with the law, but also play the role of judicial manifestation of public value and maintain public interests. 3. Any organization or individual who slanders and denigrates the deeds and spirit of heroes and martyrs in the name of detailed investigation, debate, etc. constitutes acts of distorting, uglification, desecration, and denial of the deeds and spirit of heroes and martyrs, and shall bear legal responsibility in accordance with the law.

　　(2016)Beijing No.02 Civil Final 6272

　　4. Guiding Case No. 140: Li Qiuyue et al. v. Guangzhou City Huadu District Timian Town Hongshan Village Committee's Violation of the Obligation to Ensure Safety Liability Dispute Case (25th Batch)

　　Trial Points: The obligation of public place operators to ensure safety should be limited to a reasonable extent and commensurate with their management and control capabilities. If a person with full civil capacity climbs a fruit tree in a scenic area to pick fruit and accidentally falls, causing self-harm, and claims compensation from the operator, the people's court will not support it.

　　(2019)Guangdong Province No. 01 Civil Retrial 273

　　5. Guiding Case No. 141: Zhi Mou 1 et al. v. Beijing Yongding River Management Office Right to Life, Health, and Body Dispute Case (25th Batch)

　　Trial Points: The energy dissipation pool is a water conservancy engineering facility that is prohibited from public entry, and does not belong to the "public place" as stipulated in Article 37, Paragraph 1 of the Tort Liability Law. The manager and owner of the energy dissipation pool have taken reasonable safety warnings and protective measures; if a person with full civil capacity enters the energy dissipation pool on their own initiative and causes self-harm, and requests the manager and owner to bear the liability for compensation, the people's court will not support it.

　　(2019)Beijing No.02 Civil Final 4755

　　6. Liu Minglian, Guo Lili, Guo Shuangshuang v. Sun Wei, Henan Lanting Property Management Co., Ltd. Xinyang Branch Right to Life Dispute Case (25th Batch)

　　Trial Points: If a person, in order to maintain the legitimate rights and interests of the party injured in a collision, persuades the other party not to leave the collision scene and does not exceed a reasonable limit, this is a legal act. If the person persuaded suffers sudden death due to their own illness, and their close relatives request the person who persuaded them to bear tort liability, the people's court will not support it.

　　(2019)Henan Province No. 1503 Civil Initial 8878

　　7. Beijing Lanshida Optoelectronics Technology Co., Ltd., Huang Xiaolan v. Zhao Min Right to Reputation Dispute Case (25th Batch)

　　Trial Points: 1. To determine whether statements in a WeChat group constitute infringement of the right of reputation, all the constituent elements of infringement of the right of reputation must be met. The characteristics of information network dissemination should also be considered, and a comprehensive judgment should be made in combination with specific factors such as the infringing subject, the scope of dissemination, and the extent of the damage. 2. WeChat groups composed of unspecified individuals have the attributes of a public space. Citizens who publish insulting, defamatory, slanderous, or derogatory remarks about others in such WeChat groups constitute infringement of the right of reputation and shall bear legal liability in accordance with the law.

　　(2018)京03民终725号

　　(IV) Intellectual Property Disputes

　　1. Guiding Case No. 20: Shenzhen Sriman Fine Chemical Co., Ltd. v. Shenzhen Kengzi Water Supply Co., Ltd., Shenzhen Kangtai Lan Water Treatment Equipment Co., Ltd. Infringement of Invention Patent Right Dispute Case (Repealed)

　　Trial Points: During the temporary protection period from the publication of the invention patent application to the grant of the patent right, if the manufacture, sale, and import of the accused infringing products are not prohibited by the Patent Law, their subsequent use, offer for sale, and sale, even without the permission of the patentee, are not considered infringement of the patent right. However, the patentee may legally require the unit or individual that implemented the invention during the temporary protection period to pay appropriate fees.

　　(2011)最高法民提字第259号

　　2. Guiding Case No. 29: Tianjin China Youth Travel Agency v. Tianjin Guoqing International Travel Agency for Unauthorized Use of Others' Enterprise Names Dispute Case

　　Trial Points: 1. For enterprise names that have been used for a long time and widely, have a certain market reputation, are known to the relevant public, and have actually served as business names, can be considered as enterprise names for protection. 2. Unauthorized use of an enterprise name abbreviation that has actually served as a business name as a keyword for Internet bidding ranking in commercial activities, causing relevant public to be confused or mistaken, constitutes unfair competition.

　　(2012)津高民三终字第3号

　　3. Guiding Case No. 30: Lan Jianjun, Hangzhou Thumb Auto Repair Technology Co., Ltd. v. Tianjin Thumb Auto Repair Service Co., Ltd., etc. Infringement of Trademark Right and Unfair Competition Dispute Case

　　Trial Points: 1. Whether an operator has behavior that violates administrative license laws and regulations by exceeding the legally defined business scope does not affect its right to exercise its civil right to stop trademark infringement and unfair competition according to law. 2. The Anti-Unfair Competition Law does not limit the fact that operators must have a direct competitive relationship, nor does it require them to be in the same industry. If there is an indirect competitive relationship between operators, and the perpetrator violates the provisions of the Anti-Unfair Competition Law and harms the legitimate rights and interests of other operators, it should also be deemed as unfair competition.

　　(2012)津高民三终字第0046号

　　4. Guiding Case No. 48: Beijing Jingdiao Technology Co., Ltd. v. Shanghai Nike Electronic Technology Co., Ltd. Infringement of Computer Software Copyright Dispute Case

　　Trial Points: For the computer software copyright owner to realize the bundled sale of software and machines, setting the output data of software operation as a specific file format to limit other competitors' machines from reading the data saved in this specific file format, thus extending its competitive advantage in software to machines, does not belong to the technical measures taken by the copyright owner to protect its software copyright as stipulated in the Copyright Law. The development of software by others to read its set specific file format does not constitute infringement of computer software copyright.

　　(2006)沪高民三(知)终字第110号

　　5. Guiding Case No. 49: Shi Honglin v. Taizhou Huaren Electronic Information Co., Ltd. Infringement of Computer Software Copyright Dispute Case

　　Trial Points: When the defendant refuses to provide the source code or target program of the alleged infringing software, and due to technical limitations, the target program cannot be directly read from the alleged infringing product, if the plaintiff and defendant's software have basically the same design flaws, and the defendant has no justifiable reason to refuse to provide its software source code or target program for direct comparison, then considering the plaintiff's objective difficulty in providing evidence, it can be determined that the plaintiff and defendant's computer software constitutes substantial similarity, and the defendant shall bear the liability for infringement.

　　(2007)苏民三终字第0018号

　　6. Guiding Case No. 55: Bai Wanqing v. Chengdu Nanxun Goods Marketing Service Center, etc. Infringement of Utility Model Patent Right Dispute Case

　　Trial Points: The scope of protection of patent rights should be clear. If the expression in the claims of the utility model patent right has obvious flaws, and in combination with the patent specification, drawings, common sense in this field, and relevant existing technologies, the specific meaning of the technical terms in the claims cannot be determined, resulting in the scope of protection of the patent right being unclear, then because it cannot be compared with the accused infringing technical solution for substantive infringement, it cannot be determined that the accused infringing technical solution constitutes infringement.

　　(2011)川民终字第391号

　　7. Guiding Case No. 80: Hong Fuyuan, Deng Chunxiang v. Guizhou Wufu Fang Food Co., Ltd., Guizhou Jinccai National Culture Research and Development Co., Ltd. Copyright Infringement Dispute Case

　　Trial Points: The expression of a derivative work of folk literary and artistic works is an independently completed and creative part, which meets the characteristics of works protected by the Copyright Law, and the author should be determined to have copyright over its original part.

　　(2015)筑知民初字第17号

　　8. Guiding Case No. 81: Zhang Xiaoyan v. Lei Xianhe, Zhao Qi, Shandong Aishuren Audio-Visual Books Co., Ltd. Copyright Infringement Dispute Case

　　Trial Points: 1. According to works created based on the same historical subject matter, the main storyline and overall plot are social common wealth, belong to the category of thought, and cannot be monopolized by individuals. Anyone has the right to use this subject matter and create works. 2. To determine whether a work constitutes infringement, it should be judged from whether the author of the allegedly infringing work has contacted the right holder's work, and whether there is substantial similarity between the allegedly infringing work and the right holder's work. When judging whether there is substantial similarity, it should be compared whether the author's choices, selections, arrangements, and designs in the expression of the work are the same or similar, and it should not be compared from the aspects of thought, emotion, creativity, and object. 3. According to the provisions of the Copyright Law for the protection of works, the people's courts should protect the author's original expression, namely, the expression form of thought or emotion. The creativity, materials, public domain information, creative form, necessary scenes, and unique or limited forms of expression are not protected.

　　(2013)最高法民申字第1049号

　　9. Guiding Case No. 82: Wang Suiyong v. Shenzhen Gelise Garment Co., Ltd., Hangzhou Yintai Century Department Store Co., Ltd. Trademark Infringement Dispute Case

　　Trial points: If a party violates the principle of good faith and credit, harms the legitimate rights and interests of others, disrupts the order of fair market competition, and maliciously obtains and exercises trademark rights and claims that others infringe, the people's court should rule that its litigation request is not supported on the grounds of abuse of rights.

　　(2014) Supreme People's Court Min Ti Zi No. 24

　　10. Guiding Case No. 83: Weihai Jiayi Roast Home Appliance Co., Ltd. v. Yongkang Jinshide Industrial and Trade Co., Ltd., Zhejiang Tmall Network Co., Ltd. Infringement of Invention Patent Right Dispute Case

　　Trial points: 1. When a network user uses network services to infringe, the notice issued by the infringed party to the network service provider in accordance with the Tort Liability Law, which includes the identity of the infringed party, ownership certificate, network address of the infringer, and preliminary evidence of infringement, is a valid notice. The complaint rules set by the network service provider themselves shall not affect the right holder's legal right to protect their own legitimate rights and interests. 2. The necessary measures that network service providers should take after receiving the notice as stipulated in Article 36, paragraph 2 of the Tort Liability Law include, but are not limited to, deleting, shielding, and disconnecting links. "Necessary measures" should follow the principles of prudence and reasonableness, and should be determined comprehensively based on the nature of the infringed rights, the specific circumstances of the infringement, and technical conditions.

　　(2015) Zhe Zhi Zhong Zi No. 186

　　11. Guiding Case No. 84: Eli Lilly and Company v. Changzhou Huasheng Pharmaceutical Co., Ltd. Infringement of Invention Patent Right Dispute Case

　　Trial points: 1. In patent infringement disputes over drug preparation methods, in the absence of other contradictory evidence, it should be presumed that the备案工艺 (filing process) of the alleged infringing drug in the drug regulatory department is its actual preparation process; if there is evidence to prove that the备案工艺 (filing process) of the alleged infringing drug is untrue, the technical source, production procedures, batch production records, and filing documents of the alleged infringing drug should be fully examined to determine the actual preparation process of the alleged infringing drug. 2. For complex technical facts such as the preparation process of the alleged infringing drug, multiple methods such as technical investigators, expert assistants, forensic identification, and consultation with technology experts can be used comprehensively.

　　(2015) Supreme People's Court Min San Zhong Zi No. 1

　　12. Guiding Case No. 85: Gao Yi Co., Ltd. v. Zhejiang Jianlong Sanitary Ware Co., Ltd. Infringement of Design Patent Right Dispute Case

　　Trial points: 1. The design features of the authorized design reflect its innovative content different from existing designs, and also reflect the creative contribution of the designer to existing designs. If the alleged infringing design does not include all the design features that distinguish the authorized design from existing designs, it can generally be presumed that the alleged infringing design is not similar to the authorized design. 2. The determination of design features should be evidenced by the patent holder for the design features they claim. Based on the opinions of the parties concerned, the people's court will fully examine the evidence and determine the design features of the authorized design according to law. 3. The determination of functional design features depends on whether, in the opinion of ordinary consumers of the design product, the design is solely determined by a specific function, without considering whether the design has aesthetics. Functional design features do not have a significant impact on the overall visual effect of the design. For design features that combine functionality and decoration, the impact on the overall visual effect needs to consider the strength of the decoration. The stronger the decoration, the greater the impact on the overall visual effect, and vice versa.

　　(2015) Supreme People's Court Min Ti Zi No. 23

　　13. Guiding Case No. 86: Tianjin Tianlong Seed Technology Co., Ltd. v. Jiangsu Xunong Seed Technology Co., Ltd. Infringement of Plant Variety Right Dispute Case

　　Trial points: Both parties holding the paternal and maternal plant varieties respectively, due to their inability to reach a mutual authorization and licensing agreement, resulting in the inability to continue production of plant varieties, harming the interests of both parties, and not in line with the purpose of cooperative breeding. In order to maintain the public interest of the society, guarantee national food security, promote the transformation and implementation of new plant varieties, and ensure the continued production of new varieties that have been widely planted, based on the assessment that the paternal and maternal varieties have basically the same value for the production of plant varieties, the people's court can directly order both parties to grant each other authorization and licenses and exempt each other from the corresponding license fees.

　　(2011) Su Zhi Min Zhong Zi No. 0194, (2012) Su Zhi Min Zhong Zi No. 0055

　　14. Guiding Case No. 92: Laizhou Jinhai Seed Industry Co., Ltd. v. Zhangye Fukai Agricultural Science and Technology Co., Ltd. Infringement of Plant Variety Rights Dispute Case

　　Trial points: According to the provisions of the People's Republic of China agricultural industry standard "DNA fingerprinting method for maize variety identification" NY/T1432-2007 detection and judgment standard, the number of different sites between varieties is equal to 1, which is judged as similar varieties; the number of different sites between varieties is greater than or equal to 2, which is judged as different varieties. The number of different sites between varieties is equal to 1, which is not enough to determine that they are not the same variety. For those with less than two different sites, other factors should be considered comprehensively to determine whether they are different varieties, such as expanding the detection sites for additional testing and submitting the tested samples for determination, and the burden of proof is borne by the alleged infringing party.

　　(2013) Gan Min San Zhong Zi No. 63

　　15. Guiding Case No. 100: Shandong Denghai Pioneer Seed Industry Co., Ltd. v. Shaanxi Nongfeng Seed Industry Co., Ltd., Shanxi Dafeng Seed Industry Co., Ltd. Infringement of Plant Variety Rights Dispute Case

　　Trial points: Determining that the characteristic traits of the alleged infringing propagation material are the same as the characteristic traits of the authorized variety is a prerequisite for determining that infringement of plant variety rights has occurred. When the DNA fingerprint identification opinion is the same or similar, if the alleged infringing party submits a DUS test report to prove that through field planting, the accused infringing variety has specificity compared with the authorized variety, it should be determined that it does not constitute infringement of plant variety rights.

　　(2015) Supreme People's Court Min Shen Zi No. 2633

　　16. Guiding Case No. 113: Michael Jeffrey Jordan v. State Administration for Industry and Commerce Trademark Review and Adjudication Committee, Jordan Sports Co., Ltd. "Jordan" Trademark Dispute Administrative Dispute Case

　　Trial Points: 1. The right of name is a personal right of a natural person to his or her name, and the right of name can constitute a prior right stipulated in the Trademark Law. The Chinese translation of the foreign language name of a foreign natural person, if meeting the conditions, can be legally claimed as a specific name and protected according to the relevant provisions of the right of name. 2. For a foreign natural person to claim the protection of the right of name for a specific name, the specific name shall meet the following three conditions: (1) The specific name has a certain degree of popularity in China and is known to the relevant public; (2) The relevant public uses the specific name to refer to the natural person; (3) A stable correspondence has been established between the specific name and the natural person. 3. Use is one of the rights enjoyed by the right holder of the name, and it is not a statutory precondition for the right holder of the name to claim the protection of his or her right of name. If a specific name is protected by law according to the right of name, even if the natural person has not actively used it, it does not affect the right holder of the name from claiming rights according to the provisions of the Trademark Law on prior rights. 4. The “trademark right holder” who maliciously applies for trademark registration in violation of the principle of good faith and credit and infringes on the existing prior rights of others, cannot claim that the registered trademark is legally valid on the grounds that the publicity, use, awards, and protection of the trademark have formed a “market order” or “commercial success”. The People's Court will not support this claim.

　　(2016) Supreme People's Court Case No. 27

　　17. Guiding Case No. 114: Christian Dior Parfums Company v. Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce Trademark Application Rejection Review Administrative Dispute Case

　　Trial Points: 1. If the applicant for international trademark registration has completed the international registration procedure for the applied trademark as stipulated in the Madrid Agreement Concerning the International Registration of Marks and its Protocol, and the information on international registration of the applied trademark shows that the designated type of trademark is a three-dimensional trademark, it shall be deemed that the applicant has made a declaration that the applied trademark is a three-dimensional trademark. Since the applicant for international registration of a trademark does not need to submit a registration application again in the designated country, the information on the applied trademark transferred by the International Bureau of the World Intellectual Property Organization to the China National Intellectual Property Administration should be the factual basis for the China National Intellectual Property Administration to review and decide whether the application for territorial extension protection of the trademark designated China can be supported. 2. If the information on the application for international trademark registration only lacks some formal requirements, such as partial views, as stipulated in the Implementation Rules of the Trademark Law, the trademark administrative authority shall, in the spirit of actively fulfilling its obligations under international conventions, give the applicant a reasonable opportunity to make corrections.

　　(2018) Supreme People's Court Case No. 26

　　18. Guiding Case No. 115: Valeo Cleaning Systems Co., Ltd. v. Xiamen Lucas Auto Parts Co., Ltd., et al., Infringement of Invention Patent Right Dispute Case

　　Trial Points: 1. If a technical feature of a patent claim has already limited or implied a specific structure, component, step, condition, or the relationship between them, even if the technical feature also limits the function or effect it achieves, it does not belong to the functional feature as referred to in Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in Trying Cases of Patent Infringement (II). 2. In patent infringement litigation, the preservation of conduct of ordering the cessation of the alleged infringing act has independent value. If a party applies for an order to stop the alleged infringing act and also applies for an advance judgment to stop the infringement, and the People's Court deems it necessary to make an advance judgment to stop the infringement, it shall simultaneously review the application for preservation of conduct; if the conditions for preservation of conduct are met, a ruling shall be made in a timely manner.

　　(2019) Supreme People's Court Civil Case No. 2

　　(V) Construction Project Disputes

　　1. Guiding Case No. 73: Tongzhou Jianzong Group Co., Ltd. v. Anhui Tianyu Chemical Co., Ltd., Case Concerning the Right to Exclude

　　Trial Points: If the circumstances stipulated in Article 18 of the Enterprise Bankruptcy Law of the People's Republic of China are met, and the construction project construction contract is deemed to be terminated, the deadline for the contractor to exercise the right of priority claim shall be calculated from the date of termination of the contract.

　　(2014) Anhui Provincial High People's Court Civil Case No. 00054

　　(VI) Marriage and Inheritance Disputes

　　1. Guiding Case No. 50: Li Mou, Guo Mouyang v. Guo Mouhe, Tong Moumou Inheritance Dispute Case

　　Trial Points: 1. During the subsistence of the marital relationship, if both parties unanimously agree to use the sperm of another person for artificial insemination and cause the woman to become pregnant, and the man repents while the woman insists on giving birth to the child, the child should be regarded as the biological child of both parties regardless of whether the child is born during the subsistence of the marital relationship. 2. If one party to a marriage has not reserved an inheritance share for the fetus in the will, the part of the will is invalid because it violates Article 19 of the Inheritance Law of the People's Republic of China. When dividing the inheritance, an inheritance share shall be reserved for the fetus in accordance with Article 28 of the Inheritance Law of the People's Republic of China.

　　(2006) Xi'an Intermediate People's Court Civil Case No. 14

　　2. Guiding Case No. 66: Lei Moumou v. Song Moumou Divorce Dispute Case

　　Trial Points: If one party hides, transfers, sells, or damages the jointly owned property during or before the divorce proceedings, or forges debts to attempt to encroach upon the other party's property, when dividing the jointly owned property in a divorce, the party may be given less or no share of the property according to Article 47 of the Marriage Law of the People's Republic of China.

　　(2015) Beijing Third Intermediate People's Court Civil Case No. 08205

　　(VII) Environmental Tort Liability Disputes

　　1. Guiding Case No. 127: Lü Jinkui et al. 79 v. Shanhaiguan Shipbuilding Heavy Industry Co., Ltd. Maritime Pollution Damage Liability Dispute Case

　　Trial Points: According to the relevant provisions of the Marine Environmental Protection Law, etc., "pollutants" in marine environmental pollution are not limited to the substances explicitly listed in national or local environmental standards. If a polluter discharges wastewater containing iron substances and other components not included in national or local environmental standards into seawater areas, causing damage to the aquaculture products of fishery producers, the polluter shall bear the responsibility for environmental tort.

　　(2014) Tianjin Higher People's Court Civil Case No. 22

　　2. Guiding Case No. 128: Li Jing v. China Resources Land (Chongqing) Co., Ltd. Environmental Pollution Liability Dispute Case

　　Trial Points: Due to the potential, hidden, and individual differences in the harm of light pollution to human beings, when the People's Court determines the damage caused by light pollution, it should make a comprehensive judgment based on national standards, local standards, industry standards, whether it interferes with the normal life, work, and study of others, and whether it exceeds the public tolerance, etc. As for public tolerance, it can be judged based on the reactions of surrounding residents, the actual feeling on site, and expert opinions.

　　(2018) Chongqing First Intermediate People's Court Civil Case No. 6093

　　3. Guiding Case No. 129: Jiangsu Provincial People's Government v. Anhui Heide Chemical Technology Co., Ltd. Ecological Environment Damage Compensation Case

　　Trial Points: Enterprises, institutions, and other producers and operators who entrust the disposal of hazardous waste generated during production and operation to enterprises or individuals without the qualification for hazardous waste disposal, causing environmental pollution, shall bear the responsibility for ecological and environmental damage. The People's Court may comprehensively consider the subjective fault, operating conditions, and other factors of enterprises, institutions, and other producers and operators, and after the responsible person provides effective guarantees, it may rule that the compensation fees be paid in installments.

　　(2018)Su Min Zhong 1316

　　(8) Environmental Public Interest Litigation

　　1. Guiding Case No. 75: China Biodiversity Conservation and Green Development Foundation v. Ningxia Ruitai Technology Co., Ltd. Environmental Pollution Public Interest Litigation Case

　　Trial Points: 1. Although the articles of association of the social organization do not specify the maintenance of the public interest in the environment, if the work content belongs to the protection of environmental elements and ecosystems, it should be deemed to be in compliance with Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in Trying Environmental Civil Public Interest Litigation Cases (hereinafter referred to as the "Interpretation") concerning the "purposes and main business scope of social organizations as defined in the articles of association are to maintain the social public interest." 2. The "environmental protection public welfare activities" stipulated in Article 4 of the Interpretation include both actions that directly improve the ecological environment and activities related to environmental protection that are conducive to improving the environmental governance system, improving environmental governance capabilities, and promoting the formation of a broad consensus on environmental protection throughout society. 3. If there is a correspondence between the matters sued by the social organization and its purposes and business scope, or if it has a certain connection with the environmental elements and ecosystems it protects, it should be deemed to meet the provisions of Article 4 of the Interpretation concerning "relevance to its purposes and business scope."

　　(2016)Supreme People's Court Min Zai 47

　　2. Guiding Case No. 130: Chongqing Municipal People's Government, Chongqing Liangjiang Volunteer Service Development Center v. Chongqing Cangjin Pavilion Property Management Co., Ltd., Chongqing Shouxu Environmental Protection Technology Co., Ltd. Ecological and Environmental Damage Compensation, Environmental Civil Public Interest Litigation Case

　　Trial Points: 1. Enterprises that obtain a pollutant discharge permit have a legal obligation to ensure that their pollutant treatment equipment operates normally and that emissions meet national and local emission standards. If they entrust other units to handle it, they should perform supervisory obligations on the entrusted unit; if they knowingly fail to stop the entrusted unit from illegally discharging pollutants or even provide convenience, they should bear joint and several liability for environmental pollution damage. 2. If a polluter discharges pollutants into water bodies, causing ecological and environmental damage, and the ecological and environmental restoration costs are difficult to calculate, the virtual governance cost method can be used to quantify the consequences of the damage according to the relevant provisions of the environmental protection department on the identification and assessment of ecological and environmental damage, and the quantified amount of ecological and environmental damage can be calculated based on factors such as the types and amounts of illegally discharged pollutants and the exclusivity of pollution sources.

　　(2017)Yu 01 Min Chu 773

　　3. Guiding Case No. 131: China Environmental Protection Federation v. Dezhou Jinghua Group Zhenhua Co., Ltd. Air Pollution Liability Civil Public Interest Litigation Case

　　Trial Points: Enterprises, institutions, and other producers and operators repeatedly exceed the pollutant emission standards or the total control indicators for key pollutants, and after the environmental protection administrative management department has imposed administrative penalties, they still fail to rectify. If the plaintiff initiates an environmental civil public interest litigation against them based on Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in Trying Environmental Civil Public Interest Litigation Cases, which stipulates "polluting the environment and damaging the ecological environment with a significant risk of damaging the social public interest," the people's court should accept it.

　　(2015)De Zhong Huan Gong Min Chu Zi Di 1

　　4. Guiding Case No. 132: China Biodiversity Conservation and Green Development Foundation v. Qinhuangdao Fangyuan Packaging Glass Co., Ltd. Air Pollution Liability Civil Public Interest Litigation Case

　　Trial Points: During the period of environmental civil public interest litigation, if the polluter actively improves environmental protection facilities and effectively reduces environmental risks, the people's court may, in consideration of the illegality of the exceeding emission behavior, the degree of fault, the operating cost of the pollution control facilities, and the effective measures taken for pollution prevention, appropriately reduce the polluter's liability for compensation.

　　(2018)Ji Min Zhong 758

　　5. Guiding Case No. 133: Yantai Municipal People's Procuratorate of Shandong Province v. Wang Zhendian, Ma Qunkai Environmental Civil Public Interest Litigation Case

　　Trial Points: If a polluter violates national regulations and discharges pollutants into water bodies, causing ecological and environmental damage, and claims to be exempt from or reduce the responsibility for ecological and environmental restoration on the grounds that the polluted water body has self-purification function and the water quality has been restored, the people's court will not support it.

　　(2017)Lu 06 Min Chu 8

　　6. Guiding Case No. 134: Chongqing Green Volunteers Federation v. Enshi Autonomous Prefecture Jianshi Huangchangping Mining Co., Ltd. Water Pollution Liability Civil Public Interest Litigation Case

　　Trial Points: In environmental civil public interest litigation, if the people's court orders the polluter to stop the infringement, it may order it to conduct an environmental impact assessment again. Before the environmental impact assessment document is reviewed and approved and the配套建设的环境保护设施配套建设的环境保护设施配套建设的环境保护设施配套 construction environmental protection facilities are accepted, the polluter may not resume production.

　　(2016)Yu 02 Min Zhong 77

　　7. Guiding Case No. 135: Xuzhou Municipal People's Procuratorate of Jiangsu Province v. Suzhou Qi'an Handicraft Co., Ltd., etc. Environmental Civil Public Interest Litigation Case

　　Trial Points: In environmental civil public interest litigation, if the plaintiff has evidence to prove that the defendant generated hazardous waste and implemented pollutant disposal behavior, and the defendant refuses to provide information on its pollutant disposal, resulting in the inability to ascertain the whereabouts of the pollutants, the people's court may presume that the environmental pollution facts claimed by the plaintiff are established.

　　(2018)Su 03 Min Chu 256

　　8. Guiding Case No. 136: Baishan Municipal People's Procuratorate of Jilin Province v. Baishan Jiangyuan District Health and Family Planning Bureau, Baishan Jiangyuan District Traditional Chinese Medicine Hospital Environmental Public Interest Litigation Case

　　Trial Points: When hearing environmental administrative public interest litigation cases initiated by the People's Procuratorate, the People's Court may, with reference to the Administrative Litigation Law and its judicial interpretations, adopt the methods of separate filing, joint trial, and separate judgment to handle the environmental civil public interest litigation initiated by the People's Procuratorate for the same polluting environmental behavior.

　　(2016)Ji 06 Min Chu 19, (2016)Ji 06 Xing Chu 4

　　Commercial Cases

　　(1) Company and Equity Disputes

　　1. Guiding Case No. 8: Lin Fangqing v. Changshu Kaile Industrial Co., Ltd., Dai Xiaoming Company Dissolution Dispute Case

　　Trial Points: Article 183 of the Company Law stipulates that "serious difficulties in the company's operation and management" is one of the conditions for shareholders to bring a lawsuit for the dissolution of the company. To judge whether "there are serious difficulties in the company's operation and management," a comprehensive analysis should be carried out from the operation status of the company's organizational structure. Although the company is profitable, its shareholder meeting mechanism has long been dysfunctional, there are serious obstacles in internal management, and it has fallen into a stalemate. It can be determined that the company's operation and management have encountered serious difficulties. For those who meet other conditions stipulated in the Company Law and relevant judicial interpretations, the People's Court may rule in accordance with the law that the company be dissolved.

　　(2010) Su Shang Zong Zi Di 0043 Hao

　　2. Guiding Case No. 9: Shanghai Cunliang Trading Co., Ltd. v. Jiang Zhidong, Wang Weiming, et al. (Contract Dispute Case) (Repealed)

　　Key Points of the Ruling: Shareholders of limited liability companies, directors and controlling shareholders of joint-stock limited companies, should fulfill their liquidation obligations in accordance with the law after the company's business license is revoked. They cannot avoid liquidation obligations on the grounds that they are not the actual controllers or did not actually participate in the company's management.

　　(2010) Hu Yi Zhong Min Si (Shang) Zong Zi Di 1302 Hao

　　3. Guiding Case No. 10: Li Jianjun v. Shanghai Jia Dongli Environmental Protection Technology Co., Ltd. (Company Resolution Rescission Dispute Case)

　　Key Points of the Ruling: When hearing cases concerning the rescission of company resolutions, people's courts should examine whether the procedures for convening the meeting and the voting methods violate laws, administrative regulations, or the company's articles of association, and whether the content of the resolution violates the company's articles of association. Provided that the above provisions are not violated, whether the facts supporting the resolution to dismiss the general manager are true and whether the reasons are valid are not within the scope of judicial review.

　　(2010) Hu Er Zhong Min Si (Shang) Zong Zi Di 436 Hao

　　4. Guiding Case No. 15: XCMG Construction Machinery Co., Ltd. v. Chengdu Chuanjiao Gongmao Co., Ltd., et al. (Contract Dispute Case)

　　Key Points of the Ruling: When the personnel, business, and finances of affiliated companies are intertwined or confused, resulting in indistinguishable assets and a loss of independent personality, this constitutes a confusion of personality. When a confusion of personality among affiliated companies seriously harms the interests of creditors, the affiliated companies shall bear joint and several liability for external debts.

　　(2011) Su Shang Zong Zi Di 0107 Hao

　　5. Guiding Case No. 67: Tang Changlong v. Zhou Shihai (Equity Transfer Dispute Case)

　　Key Points of the Ruling: In the case of installment payments for equity transfers in limited liability companies, where the transferee of equity is late or refuses to pay, and the transferor requests rescission of the equity transfer contract, the provision of Article 167 of the Contract Law of the People's Republic of China regarding the rescission of installment sales contracts when the unpaid amount reaches one-fifth of the total contract price does not apply.

　　(2015) Supreme People's Court Min Shen Zi Di 2532 Hao

　　6. Guiding Case No. 96: Song Wenjun v. Xi'an Dahua Catering Co., Ltd. (Confirmation of Shareholder Status Dispute Case)

　　Key Points of the Ruling: When a state-owned enterprise is restructured into a limited liability company, if the initial articles of association restrict equity transfers and clearly stipulate a repurchase clause, provided that they do not violate the mandatory provisions of the Company Law and other laws, they are deemed valid. If a limited liability company repurchases a shareholder's equity at a reasonable price in accordance with the initial articles of association and disposes of it reasonably through transfer to other shareholders, etc., the people's court should support it.

　　(2014) Shan Min Er Shen Zi Di 00215 Hao

　　(II) Insurance Contract Disputes

　　1. Guiding Case No. 24: Rong Baoying v. Wang Yang, Yongcheng Property Insurance Co., Ltd. Jiangyin Branch (Motor Vehicle Traffic Accident Liability Dispute Case)

　　Key Points of the Ruling: If the victim of a traffic accident is not at fault, the impact of their physical condition on the consequences of the damage does not constitute a statutory circumstance that can mitigate the liability of the tortfeasor.

　　(2013) Xi Min Zong Zi Di 497 Hao

　　2. Guiding Case No. 25: Huatai Property Insurance Co., Ltd. Beijing Branch v. Li Zhigui, Tianan Property Insurance Co., Ltd. Hebei Provincial Branch Zhangjiakou Branch (Insurer's Subrogation Right Dispute Case)

　　Key Points of the Ruling: When an insurer, after compensating the insured for insurance payments due to damage to the insured property by a third party, brings a lawsuit to exercise the insured's right to claim compensation from the third party, the jurisdiction of the court should be determined based on the legal relationship between the insured (whose right is being subrogated) and the third party, not the insurance contract. If a third party infringes on the legitimate rights and interests of the insured, the court in the location of the tort or the defendant's domicile has jurisdiction.

　　(2012) Dong Min Chu Zi Di 13663 Hao

　　3. Guiding Case No. 52: Hainan Fenghai Grain and Oil Industry Co., Ltd. v. People's Insurance Company of China (PICC) Hainan Branch (Marine Cargo Transport Insurance Contract Dispute Case)

　　Key Points of the Ruling: "All Risks" in a marine cargo transport insurance contract includes, in addition to the responsibilities of Peace Insurance and Water Damage Insurance, all or part of the loss of the insured goods in transit due to external causes. In the absence of intent or negligence on the part of the insured, if the loss of insured goods is caused by reasons other than those specified in the exclusion clause of the relevant insurance contract, it can be determined as an "external cause" that leads to the loss of insured goods, and the insurer should bear all losses caused by this external cause during transportation.

　　(2003) Supreme People's Court Min Si Ti Zi Di 5 Hao

　　4. Guiding Case No. 74: China Ping An Property Insurance Co., Ltd. Jiangsu Branch v. Jiangsu Zhenjiang Installation Group Co., Ltd. (Insurer's Subrogation Right Dispute Case)

　　Key Points of the Ruling: If a third party's breach of contract causes damage to the insured's insured property, it can be determined as a situation of "damage to the insured property by a third party" as stipulated in Article 60, Paragraph 1 of the Insurance Law of the People's Republic of China. If the insurer exercises its subrogation right against the third party according to law, the people's court should support it.

　　(2012) Su Shang Zai Ti Zi Di 0035 Hao

　　(III) Financial Loan Disputes

　　1. Guiding Case No. 53: Fujian Straits Bank Co., Ltd. Fuzhou Fifth Branch v. Chang'le Yaxin Wastewater Treatment Co., Ltd., Fuzhou Municipal Engineering Co., Ltd. (Financial Loan Contract Dispute Case)

　　Key Points of the Ruling: 1. The right to income from a franchise right can be pledged and registered as pledged accounts receivable. 2. The income from a franchise right is not suitable for valuation, auction, or sale due to its nature. If the pledgee claims a priority right of repayment, the people's court may order the debtor of the pledged right to pay the pledgee first from the accounts receivable of the income right.

　　(2013) Min Min Zong Zi Di 870 Hao

　　2. Guiding Case No. 57: Wenzhou Bank Co., Ltd. Ningbo Branch v. Zhejiang Chuangling Electric Appliance Co., Ltd., et al. (Financial Loan Contract Dispute Case)

　　Trial Points: In cases with multiple maximum amount guarantee contracts, if a specific loan contract selectively lists some maximum amount guarantee contracts, and if the debt occurs within the settlement period stipulated in the maximum amount guarantee contract, and the creditor has not explicitly waived the guarantee right, the guarantors of the unlisted maximum amount guarantee contracts should also bear the guarantee responsibility within the maximum debt limit.

　　(2014)浙甬商终字第369号

　　3. Guiding Case No. 95: China Construction Bank Corporation Xuancheng Longshou Branch v. Xuancheng Baiguan Trading Co., Ltd., Jiangsu Kaisheng Real Estate Co., Ltd., etc. Financial Loan Contract Dispute Case

　　Trial Points: If the parties reach a separate agreement to transfer the existing claims before the establishment of the maximum amount mortgage right into the scope of the maximum amount mortgage guarantee, as long as the amount of the transferred claims is still within the limit of the maximum amount of the maximum amount mortgage guarantee, even if the change registration procedures for the maximum amount mortgage right are not handled, the effect of the maximum amount mortgage right will still apply to the transferred claims, but it shall not adversely affect third parties.

　　(2014)皖民二终字第00395号

　　(iv) Guarantee and Letter of Credit Disputes

　　1. Guiding Case No. 109: Anhui Foreign Economic Construction (Group) Co., Ltd. v. Oriental Real Estate Co., Ltd. Guarantee Fraud Dispute Case

　　Trial Points: 1. When determining whether independent guarantee fraud constitutes, when examining the underlying transaction, the principle of limitation and necessity should be adhered to, and the scope of examination should be limited to whether the beneficiary knowingly knows that the counterparty of the underlying contract does not have a breach of contract under the underlying contract, and whether there is a fact that the beneficiary knowingly does not have the right to request payment. 2. The breach of contract by the beneficiary under the underlying contract does not affect its right to submit documents and claim payment in accordance with the provisions of the independent guarantee. 3. When determining whether there is fraud under the independent counter-guarantee, even if there is fraud in the independent guarantee, if the payment has been made in good faith under the independent guarantee, the people's court shall not order the payment under the independent counter-guarantee to be stopped.

　　(2017)最高法民再134号

　　2. Guiding Case No. 111: China Construction Bank Corporation Guangzhou Liwan Branch v. Guangdong Lan Yue Energy Development Co., Ltd., etc. Letter of Credit Issuance Dispute Case

　　Trial Points: 1. Whether the holder of the bill of lading obtains property rights due to the delivery of the bill of lading received, and what type of property rights are obtained, depends on the contract agreement. When a issuing bank holds a bill of lading in accordance with the contract agreement between it and the applicant for the letter of credit, the people's court should, in conjunction with the characteristics of the letter of credit transaction, reasonably interpret the case contract and determine the true intention of the issuing bank holding the bill of lading. 2. If the issuing bank enjoys a pledge right over the bill of lading and the goods under the bill of lading in the letter of credit, the way the issuing bank exercises the pledge right over the bill of lading is the same as the way it exercises the pledge right over the goods under the bill of lading, that is, it enjoys the right of priority repayment after the goods under the bill of lading are discounted, sold, or auctioned.

　　(2015)最高法民提字第126号

　　(v) Maritime and Maritime Disputes

　　1. Guiding Case No. 16: COSCO Development Co., Ltd. Shipping Company Application for the Establishment of a Maritime Liability Limitation Fund Case

　　Trial Points: 1. For applications for the establishment of a maritime liability limitation fund, the court only conducts procedural review of the applicant's subject qualifications, the nature of the claims involved in the accident, and the amount of the fund to be established. Issues such as whether the applicant should enjoy the limitation of maritime liability in substance, and whether there are other non-restrictive claims in addition to the restrictive claims involved in the accident, do not affect the court's decision to grant the establishment of a maritime liability limitation fund according to the law. 2. The "ships engaged in transportation between ports of the People's Republic of China" stipulated in the second paragraph of Article 210 of the Maritime Law of the People's Republic of China should be understood as ships engaged in transportation between ports of the People's Republic of China during the voyage in which a maritime accident occurred.

　　(2009)沪高民四(海)限字第1号

　　2. Guiding Case No. 31: Jiangsu Weilun Shipping Co., Ltd. v. Milada Rose Co., Ltd. Ship Collision Damage Compensation Dispute Case

　　Trial Points: During the voyage, if the vessels involved agree not to meet according to the rules established by the 1972 International Regulations for Preventing Collisions at Sea, after a collision accident occurs, the contents of the agreement between the two parties and the circumstances in which the vessels involved violate the agreement when the collision accident occurs should not be used as the main basis for the people's court to determine the responsibilities of both parties, and the aforementioned rules should still be used as the basis. The accident responsibility should be determined based on a comprehensive analysis of the reasons for the formation of the urgent situation, the degree of fault of both parties involved in the ship, and whether the measures taken are appropriate.

　　(2010)沪海法海初字第24号

　　3. Guiding Case No. 108: Zhejiang Longda Stainless Steel Co., Ltd. v. A.P. Moller-Maersk Co., Ltd. Maritime Cargo Transportation Contract Dispute Case

　　Trial Points: In a maritime cargo transportation contract, in accordance with the provisions of Article 308 of the Contract Law, before the carrier delivers the goods to the consignee, the shipper has the right to request a change to the transportation contract, but both parties should still follow the principle of fairness stipulated in Article 5 of the Contract Law to determine the rights and obligations of each party. When the shipper exercises this right, the carrier can also exercise certain defenses accordingly. If it is difficult to change the maritime cargo transportation contract or it will seriously affect the normal operation of the carrier, the carrier may refuse the shipper's request for a change of port or return of goods, but should promptly notify the shipper of the reasons for the inability to change.

　　(2017)最高法民再412号

　　4. Guiding Case No. 110: Ministry of Transport Nanhai Salvage Bureau v. Chang Gross Investment Company, Hong Kong An Da Olsen Co., Ltd. Shanghai Representative Office Maritime Salvage Contract Dispute Case

　　Trial Points: 1. The 1989 International Convention on Salvage and China's Maritime Law stipulate that "no effect, no reward" for salvage contracts, but both allow the parties to make separate agreements on the determination of salvage rewards. If the parties clearly agree that the rescued party shall pay remuneration regardless of whether the salvage is successful, and use the horsepower hours per ship and labor input as the standard for calculating the remuneration, then the contract is an employment salvage contract, not the salvage contract stipulated in the above-mentioned international convention and China's Maritime Law. 2. In the absence of specific provisions on employment salvage contracts in the 1989 International Convention on Salvage and China's Maritime Law, the relevant provisions of China's Contract Law can be applied to determine the rights and obligations of the parties.

　　(2016)最高法民再61号

　　5. Guiding Case No. 112: Asterisk Co., Ltd. Application for the Establishment of a Maritime Liability Limitation Fund Case

　　Trial Points: Article 212 of the Maritime Law establishes the principle of "one accident, one limit, multiple accidents, multiple limits" for the limitation of maritime liability. The key to determining whether it is one accident or multiple accidents is to analyze whether the accidents are caused by the same reason. If multiple accidents occur due to the same reason, and the causal chain is not interrupted, they should be considered as one accident. If the causal chain is interrupted and an accident occurs again, it should be considered a new independent accident.

　　(2015) Supreme People's Court Min Shen Zi No. 853

　　(VI) Anti-monopoly and Anti-unfair Competition

　　1. Guiding Case No. 46: Shandong Lujin Industrial Co., Ltd. v. Ju Cheng County Lujin Arts and Crafts Co., Ltd., Jining L Zhi Bang Home Textile Co., Ltd. Infringement of Trademark Rights and Unfair Competition Dispute Case

　　Trial Points: When judging the generic name of a product with regional characteristics, attention should be paid to a comprehensive analysis from the following aspects: (1) The name is customary, has been widely used for a long time, and is recognized by the relevant public in a certain region or field; (2) The production process of the goods represented by the name has been formed through long-term collective labor practice by the people in a certain region or field; (3) The raw materials of the goods represented by the name are commonly produced in a certain region or field.

　　(2009) Lu Min San Zhong Zi No. 34

　　2. Guiding Case No. 45: Beijing Baidu Netxun Technology Co., Ltd. v. Qingdao Aoshang Network Technology Co., Ltd., et al. Unfair Competition Dispute Case

　　Trial Points: The act of an operator providing Internet services forcibly popping up advertisements on the search results page of other operators' websites violates the principles of good faith and generally accepted business ethics, hinders the legitimate operation of other operators and harms their legitimate rights and interests, and can be identified as unfair competition in accordance with the principled provisions of Article 2 of the Anti-Unfair Competition Law of the People's Republic of China.

　　(2010) Lu Min San Zhong Zi No. 5-2

　　3. Guiding Case No. 47: Ferrero Italy Co., Ltd. v. Montes (Zhangjiagang) Food Co., Ltd., Tianjin Economic and Technological Development Zone Zhengyuan Marketing Co., Ltd. Unfair Competition Dispute Case

　　Trial Points: 1. The well-known goods referred to in the Anti-Unfair Competition Law refer to goods that have a certain market reputation in China and are known to the relevant public. For goods that are already well-known internationally, the protection of their unique names, packaging, and decoration in China should still require that they are known to the relevant public in China. Therefore, the determination of such well-known goods should be made based on comprehensive judgment, combining factors such as the sales time, sales area, sales volume, and sales target of the goods in China, the duration, extent, and geographical scope of the publicity, and the situation of the protection of the well-known goods, and appropriately considering the situation of the well-known goods abroad. 2. The unique packaging and decoration of well-known goods protected by the Anti-Unfair Competition Law refers to packaging such as containers that can distinguish the source of goods or protect goods, as well as the decoration formed by the combination of text, patterns, colors and their arrangement on the goods or their packaging. 3. Comprehensive imitation of the unique packaging and decoration of well-known goods that can distinguish the source of goods from others, which can cause market confusion and misidentification, constitutes unfair competition.

　　(2006) Supreme People's Court Min San Ti Zi No. 3

　　4. Guiding Case No. 58: Chengdu Tongde Fu Hechuan Peach Crisp Co., Ltd. v. Chongqing Hechuan District Tongde Fu Peach Crisp Co., Ltd., Yu Xiaohua Infringement of Trademark Rights and Unfair Competition Dispute Case

　　Trial Points: 1. Individuals or enterprises without historical origins with "old brands" register "old brands" or similar names as trademarks and use the history of "old brands" for publicity, which shall be identified as false publicity and constitutes unfair competition. 2. Individuals or enterprises with historical origins with "old brands" register "old brands" as individual business names or enterprise names without violating the principles of good faith and do not cause misidentification or highlight the use of the name, which does not constitute unfair competition or infringement of registered trademark exclusive rights.

　　(2013) Yu Gao Fa Min Zhong Zi 00292

　　5. Guiding Case No. 78: Qihu 360 Technology Co., Ltd. v. Tencent Technology (Shenzhen) Co., Ltd., Shenzhen Tencent Computer Systems Co., Ltd. Abuse of Dominant Market Position Dispute Case

　　Trial Points: 1. In the trial of anti-monopoly cases, defining the relevant market is usually an important analytical step. However, whether the relevant market can be clearly defined depends on the specific circumstances of the case. In cases of abuse of a dominant market position, defining the relevant market is a tool for assessing the market power of the operator and the impact of the alleged monopolistic conduct on competition, and it is not the purpose itself. If, through direct evidence of excluding or hindering competition, the market position of the operator and the market impact of the alleged monopolistic conduct can be assessed, it is not necessary to clearly and clearly define the relevant market in every case of abuse of a dominant market position. 2. The hypothetical monopolist test (HMT) is a universally applicable analytical approach for defining the relevant market. In practical application, the hypothetical monopolist test can be carried out by methods such as price increase (SSNIP) or quality decrease (SSNDQ). The free nature of Internet instant messaging services makes users have high price sensitivity, and the use of price increase testing methods will lead to an overly broad definition of the relevant market. Qualitative analysis should be carried out using the hypothetical monopolist test of quality decrease. 3. Based on the characteristics of low cost and high coverage of Internet instant messaging services, when defining its relevant regional market, comprehensive assessment should be carried out according to the actual area where most demanders choose products, legal and regulatory provisions, the status of overseas competitors, and the timeliness of entering the relevant region market. 4. In the Internet field, market share is only a relatively crude and potentially misleading indicator for judging market dominance, and its status and role in determining market dominance must be determined according to the specific circumstances of the case.

　　(2013) Supreme People's Court Min San Zhong Zi No. 4

　　6. Guiding Case No. 79: Wu Xiaoqin v. Shaanxi Radio and Television Network Media (Group) Co., Ltd. Tied Transaction Dispute Case

　　Trial Points: 1. As the only legally operating cable television transmission business operator and television program centralized control operator in a specific region, it has advantages in market entry, market share, operating position, and operating scale, and it can be determined that the operator has a dominant market position. 2. Operators use their dominant market position to bundle basic digital television viewing maintenance fees and digital television pay-per-view fees together to collect fees from consumers, which infringes on consumers' right to choose consumption and is not conducive to other service providers entering the digital television service market. Even if the operator has an exceptional case of charging separately for the two services, it is not enough to deny that it constitutes tied selling prohibited by the Anti-Monopoly Law.

　　(2016) Supreme People's Court Min Zai 98

　　(VII) Labor Disputes

　　1. Guiding Case No. 18: ZTE (Hangzhou) Co., Ltd. v. Wang Peng Labor Contract Dispute Case

　　Trial Points: A worker being ranked last in the employer's level assessment is not equivalent to "inability to perform the job", does not meet the statutory conditions for unilateral termination of the labor contract, and the employer cannot unilaterally terminate the labor contract on this basis.

　　(2011)Hangbin Minchu No. 885

　　Procedure Type

　　(1) Litigation Procedure

　　1. Guiding Case No. 2: Wu Mei v. Sichuan Province Meishan Xicheng Paper Industry Co., Ltd. (Dispute over a Sales Contract)

　　Key Points of the Judgment: During the second instance of a civil case, if both parties reach a settlement agreement and the People's Court approves the withdrawal of the appeal, the settlement agreement, not having been formalized as a mediation document by the People's Court, is considered an agreement reached outside of the litigation process. If one party fails to fulfill the settlement agreement, and the other party applies for enforcement of the first-instance judgment, the People's Court should grant support.

　　(2010)Mei zhidu No. 4

　　2. Guiding Case No. 7: Mudanjiang Hongge Construction and Installation Co., Ltd. v. Mudanjiang Hualong Real Estate Development Co., Ltd., Zhang Jizeng (Construction Engineering Contract Dispute)

　　Key Points of the Judgment: After receiving a civil protest, if the People's Court finds upon review that the dispute has been resolved, the parties have applied for withdrawal, and it does not harm national interests, public interests, or the interests of third parties, it should make a ruling to terminate the review of the protest; if a retrial has already been ruled, it should make a ruling to terminate the retrial proceedings.

　　(2011)Supreme People's Court Min Kang Zi No. 29

　　3. Guiding Case No. 56: Han Fengbin v. Inner Mongolia Jiujun Pharmaceutical Co., Ltd., et al. (Product Liability Dispute Jurisdiction Objection)

　　Key Points of the Judgment: If a party does not raise a jurisdictional objection during the submission of the answer in the first instance, and raises it during the second instance or retrial, the People's Court will not review it.

　　(2013)Supreme People's Court Min Zai Shen Zi No. 27

　　4. Guiding Case No. 68: Shanghai Bao Bio-technology Co., Ltd. v. Liaoning Teleview Real Estate Development Co., Ltd. (Corporate Loan Dispute)

　　Key Points of the Judgment: When the People's Court finds the possibility of false litigation in hearing civil cases, it should exercise its power to collect relevant evidence, question the parties in detail, and comprehensively and strictly examine whether there is a contradiction between the litigation claims and relevant evidence, and whether the parties' words and actions during the litigation are contrary to common sense. After comprehensive review and judgment, if the parties have fabricated facts, colluded maliciously, circumvented laws or national policies to obtain illegal benefits, and engaged in false civil litigation, they should be sanctioned according to law.

　　(2015)Supreme People's Court Min Er Zhong Zi No. 324

　　5. Guiding Case No. 148: Gao Guang v. Sanya TianTong International Hotel Co., Ltd., Hainan BoChao Real Estate Development Co., Ltd., et al. (Third-Party Revocation Suit) (27th Batch)

　　Key Points of the Judgment: Company shareholders do not have a direct interest in the effective judgment of a civil lawsuit between the company's legal person and another party, and do not meet the conditions for a third party as stipulated in Article 56 of the Civil Procedure Law. If they file a third-party revocation suit in the capacity of a shareholder, the People's Court will not accept it.

　　(2017)Supreme People's Court Min Zhong 63

　　6. Guiding Case No. 149: Changsha Guangda Construction and Decoration Co., Ltd. v. Industrial Bank Co., Ltd. Guangzhou Yuexiu Branch, Lin Chuanwu, Changsha Guangda Construction and Decoration Co., Ltd. Guangzhou Branch, et al. (Third-Party Revocation Suit) (27th Batch)

　　Key Points of the Judgment: If a branch of a corporate legal person engages in civil activities in its own name and independently participates in civil litigation, and the People's Court rules that the branch bears civil liability, the corporate legal person's filing of a third-party revocation suit against the effective judgment does not meet the conditions for a third party as stipulated in Article 56 of the Civil Procedure Law, and the People's Court will not accept it.

　　(2018)Yue Min Zhong 1151

　　7. Guiding Case No. 150: China Minsheng Banking Corp., Ltd. Wenzhou Branch v. Zhejiang Yamaguchi Construction Engineering Co., Ltd., Qingtian Yiligao Shoe Co., Ltd. (Third-Party Revocation Suit) (27th Batch)

　　Key Points of the Judgment: If the priority right to payment of construction project funds and the mortgage right point to the same subject matter, and the realization of the mortgage right is affected by the existence and scope of the priority right to payment of construction project funds, it should be determined that the realization of the mortgage right has a legal interest relationship with the handling result of the case of the priority right to payment of construction project funds, and the mortgagee has the plaintiff's subject qualification to file a third-party revocation suit against the effective judgment confirming the priority right to payment of construction project funds.

　　(2018)Zhe Min Shen 3524

　　8. Guiding Case No. 151: Taizhou Deliao Auto Parts Manufacturing Co., Ltd. v. Zhejiang Jianhuan Machinery Co., Ltd. Administrator Zhejiang Antian Law Firm, China Everbright Bank Co., Ltd. Taizhou Wenling Branch (Third-Party Revocation Suit) (27th Batch)

　　Key Points of the Judgment: After the drawer of a bank acceptance bill enters bankruptcy proceedings, for the act of the paying bank deducting the bill amount from the drawer's repayment account within six months prior to the court's acceptance of the bankruptcy application, if the bankruptcy administrator files a suit requesting revocation of individual repayment acts, and the court rules in support, the guarantor of the bill has a legal interest relationship with the effective judgment and has the plaintiff's subject qualification to file a third-party revocation suit.

　　(2020)Supreme People's Court Min Shen 2033

　　9. Guiding Case No. 152: Anshan SME Credit Guarantee Center v. Wang Wei, Lu Jinying (Third-Party Revocation Suit) (27th Batch)

　　Key Points of the Judgment: After the creditor applies for compulsory execution, if the debtor and another party reach a mediation agreement in another civil lawsuit, giving up their right to retrieve property and significantly reducing the amount of debt, seriously affecting the creditor's realization of the debt, and meeting the conditions for the creditor to exercise the right of rescission as stipulated in Article 74 of the Contract Law, the creditor has the plaintiff's subject qualification to file a third-party revocation suit against the civil mediation document.

　　(2017)Supreme People's Court Min Zhong 626

　　10. Guiding Case No. 153: Yong'an Yanyan Real Estate Development Co., Ltd. v. Zheng Yaonan, Far East (Xiamen) Real Estate Development Co., Ltd., et al. (Third-Party Revocation Suit) (27th Batch)

　　Key Points of the Judgment: When a creditor files a third-party revocation suit against an effective judgment confirming the debtor's disposal of property, if the debtor enters bankruptcy proceedings or there is no property available for execution, affecting the creditor's realization of the debt, it should be determined that the creditor knew or should have known that the effective judgment harmed its civil rights, and the six-month period for filing a lawsuit begins to be calculated.

　　(2017)Supreme People's Court Min Zhong 885

　　(2) Enforcement Procedure

　　1. Guiding Case No. 34: Li Xiaoling and Li Pengyu's application for the retrial of the enforcement case against Xiamen Ocean Industry (Group) Co., Ltd. and Xiamen Ocean Industry General Company

　　Key Points of the Ruling: If the right holder determined by an effective legal document legally transfers the debt right before entering the enforcement procedure, the debt transferee, i.e., the successor to the right, can directly apply for enforcement as the applicant for enforcement without the need for the enforcement court to make a ruling to change the applicant for enforcement.

　　(2012) Highest People's Court Enforcement Retrial Case No. 26

　　2. Guiding Case No. 35: Guangdong Longzheng Investment Development Co., Ltd. v. Guangdong Jingmao Auction Co., Ltd. entrusted auction enforcement retrial case

　　Key Points of the Ruling: If the auction house and the buyer have a related relationship, and the auction behavior has the following situations that harm the legitimate rights and interests of the parties related to the subject matter, the people's court can deem it as malicious collusion between the auction house and the buyer, and legally rule that the auction is invalid: (1) No other unrelated bidders participated in the bidding, or although other bidders participated in the bidding, there was no sufficient bidding; (2) The assessed price of the auctioned property is significantly lower than the actual price, and the transaction is still made at this assessed price.

　　(2011) Guangdong High People's Court Enforcement Case No. 1

　　3. Guiding Case No. 36: CITIC Credit Guarantee Co., Ltd. v. Haitong Securities Co., Ltd., etc. securities rights and interests dispute enforcement retrial case

　　Key Points of the Ruling: If the execution debtor receives a notice from another case enforcement court requiring the direct repayment of the debt that has been confirmed by an effective legal document of the court to the creditor of the applicant for execution before receiving the execution notice of the enforcement court, and repays the debt, the enforcement court cannot include the repaid debt in the scope of execution.

　　(2010) Highest People's Court Enforcement Retrial Case No. 2

　　4. Guiding Case No. 37: Shanghai Jinwei Machinery Manufacturing Co., Ltd. v. Swiss Rittek Company Arbitration Award Enforcement Retrial Case

　　Key Points of the Ruling: When a party applies to a Chinese court for the enforcement of an internationally effective arbitration award, and it is found that the respondent or its property is within the territory of China, the Chinese court shall have the jurisdiction to enforce the case. The period of limitation for a party to apply to the court for compulsory enforcement shall be calculated from the date of discovery of the respondent or its property within the territory of China.

　　(2008) Shanghai First Intermediate Court Enforcement Document No. 640-1

　　5. Guiding Case No. 54: The case of the Agricultural Development Bank of China Anhui Provincial Branch v. Zhang Dabiao and Anhui Changjiang Financing Guarantee Group Co., Ltd. for objection to execution and litigation

　　Key Points of the Ruling: If the parties establish a special account for the pledged money according to the agreement, and the pledgee obtains the control over the special account, meeting the requirements of money specification and delivery of possession, even if the balance of the account fluctuates, it will not affect the establishment of the money pledge.

　　(2013) Anhui Second Intermediate People's Court (Civil) Final Judgment No. 00261

　　6. Guiding Case No. 116: Dandong Yiyang Investment Co., Ltd. applied for the case of erroneous execution of state compensation by the Dandong Intermediate People's Court

　　Key Points of the Ruling: If the execution behavior of the people's court is indeed wrong, causing damage to the applicant for execution, and this execution is terminated because the person subject to execution has no capacity to pay and is impossible to have the capacity to pay, it does not affect the applicant for execution from applying for state compensation according to law.

　　(2018) Supreme People's Court Compensation Proposal No. 3

　　7. Guiding Case No. 117: China Construction Third Engineering Bureau No. 1 Construction Engineering Co., Ltd. v. Ao Zhong Fortune (Hefei) Investment and Real Estate Co., Ltd. and Anhui Wenfeng Real Estate Co., Ltd. enforcement retrial case

　　Key Points of the Ruling: According to the civil mediation document and the mediation record, if a third party joins the creditor-debtor relationship through the method of debt assumption, the execution court can enforce it against the third party within the scope of its debt assumption. If the debtor uses a commercial acceptance bill to perform the debt determined by the basis of execution, although a commercial acceptance bill is issued and delivered to the creditor, but due to insufficient funds in the payment account of the bill, or freezing, etc., which makes it impossible to pay, it cannot be determined that the debt has been actually performed, and the creditor can request the continued enforcement of the debtor.

　　(2017) Highest People's Court Enforcement Retrial Case No. 68

　　8. Guiding Case No. 118: Northeast Electric Power Development Co., Ltd. v. State Development Bank Co., Ltd., Shenyang High Voltage Switch Co., Ltd., etc. enforcement retrial case

　　Key Points of the Ruling: 1. The effective judgment of the creditor's right of rescission lawsuit rescinds the property transfer contract between the debtor and the transferee, and orders the transferee to return the property to the debtor. If the transferee fails to perform the obligation of return, the creditor can apply for compulsory execution with the debtor and the transferee as the persons subject to execution. 2. If the transferee returns the property to the debtor without notifying the creditor, and the debtor immediately transfers the returned property, causing the creditor to lose the opportunity to apply for the court to take measures such as seizure and freezing, and the purpose of the rescission lawsuit cannot be achieved, it cannot be determined that the effective judgment has been effectively performed. If the creditor applies for the enforcement of the obligation to return the property determined by the effective judgment against the transferee, the people's court should support it.

　　(2017) Highest People's Court Enforcement Retrial Case No. 27

　　9. Guiding Case No. 119: Anhui Chuzhou Construction and Installation Engineering Co., Ltd. v. Hubei Zhuiri Electric Co., Ltd. enforcement retrial case

　　Key Points of the Ruling: Before the commencement of the enforcement procedure, if both parties reach a settlement agreement and perform it, and one party applies for compulsory enforcement of the original effective legal document, the people's court should accept it. If the person subject to execution raises an objection to execution on the ground that the settlement agreement has been performed, it can be reviewed and handled in accordance with the provisions of Article 19 of the "Supreme People's Court's Provisions on Several Issues Concerning Settlement of Execution".

　　(2018) Highest People's Court Enforcement Retrial Case No. 88

　　10. Guiding Case No. 120: Qinghai Jinta Financing Guarantee Co., Ltd. v. Shanghai Jinqiao Engineering Construction and Development Co., Ltd. and Qinghai Sanyong Real Estate Co., Ltd. enforcement retrial case

　　Key Points of the Ruling: If the guarantor provides a guarantee for the person subject to execution during the trial of the case, and promises to assume the guarantee responsibility when the person subject to execution has no property available for execution or the property is insufficient to repay the debt, the execution court should apply the general guarantee execution rules to the guarantor. When the person subject to execution has property but it is seriously inconvenient to execute, the property of the guarantor within the scope of the guarantee responsibility can be executed.

　　(2017) Highest People's Court Enforcement Retrial Case No. 38

　　11. Guiding Case No. 121: Zhuzhou Haichuan Industrial Co., Ltd. v. China Bank Co., Ltd., Changsha Caie Branch, Hunan Deyihong Metal Materials Co., Ltd. property preservation enforcement retrial case

　　Trial Points: In cases of preservation of property, if the preserved object is non-monetary movable property and is kept by another person, the custodian shall assist in the execution according to the notice of the People's Court. When the custody contract or lease contract expires without renewal, and the preserved person does not pay the custody or lease fees, the assistant executor has no obligation to continue free custody. If the value of the preserved object is sufficient to pay the custody fees, the People's Court may maintain the seizure until an effective legal document is issued in the case. The proceeds from the execution of the preserved object shall be prioritized to pay the custodian's custody fees; if the value of the preserved object is insufficient to pay the custody fees, and the applicant for preservation pays the custody fees, the seizure measures can be continued. If the custody fees are not paid, the preserved object can be disposed of and the proceeds from the disposal can be further preserved.

　　(2017) Supreme People's Court Enforcement Reply No. 2

　　12. Guiding Case No. 122: Henan Shenquan Ziyuan Industrial Development Co., Ltd. v. Zhao Wujun, Ruzhou Boyi Sightseeing Medical Theme Park Development Co., Ltd., etc. Execution Supervision Case

　　Trial Points: When the executing court merges several cases of the same respondent for execution, it should repay according to the order of repayment of each creditor's claims of the applicant for execution to avoid harming the interests of other creditors with priority.

　　(2018) Supreme People's Court Enforcement Supervision No. 848, 847, 845

　　13. Guiding Case No. 123: Yu Hongyan v. Xilin Gol League Longxing Mining Co., Ltd. Execution Supervision Case

　　Trial Points: The effective judgment confirms that the mining right transfer contract is legally established but has not yet taken effect, ordering the transferor to handle the mining right transfer procedures in accordance with the contract, which is not a determination of the ownership of the mining right. The executing court issues a notice to the relevant competent authority to assist in handling the mining right transfer procedures, which only has the function of initiating the approval of the mining right transfer procedures by the competent authority. Whether the mining right can be transferred shall be decided by the relevant competent authority in accordance with the law. If the applicant for execution requests a change in the transferee of the mining right, the relevant competent authority should also make a judgment in accordance with the law.

　　(2017) Supreme People's Court Enforcement Supervision No. 136

　　14. Guiding Case No. 124: China Academy of Defense Science and Technology v. United Resources Education Development (Yanjiao) Co., Ltd. Execution Supervision Case

　　Trial Points: If the applicant for execution and the respondent have disputes over the content of the execution and reconciliation agreement, and it is objectively impossible to continue performance, the original effective legal document can be executed. For the content not involved in the original execution basis in the execution and reconciliation agreement, and the disputes arising during the performance, the parties can resolve them through other relief procedures.

　　(2017) Supreme People's Court Enforcement Supervision No. 344

　　15. Guiding Case No. 125: Chen Zaiguo v. Liu Rongkun, Guangdong Shantou Fishery Supplies Import and Export Co., Ltd., etc. Application for Revocation of Auction Execution Supervision Case

　　Trial Points: Online judicial auction is a judicial auction conducted by the People's Court through an Internet auction platform, which is a compulsory enforcement measure. The People's Court shall handle the disputes arising from online judicial auctions in accordance with the provisions of the Civil Procedure Law and relevant judicial interpretations.

　　(2017) Supreme People's Court Enforcement Supervision No. 250

　　16. Guiding Case No. 126: Jiangsu Tianyu Construction Group Co., Ltd. v. Wuxi Times Shengye Real Estate Development Co., Ltd. Execution Supervision Case

　　Trial Points: In the process of performing the reconciliation agreement, if the applicant for execution applies for the restoration of execution due to the delay in performance by the respondent, but continues to accept and actively cooperate with the subsequent performance of the respondent until the reconciliation agreement is fully performed, it belongs to the situation where the reconciliation agreement has been fully performed and the original effective legal document shall not be restored in accordance with the provisions of the Civil Procedure Law and relevant judicial interpretations.

　　(2018) Supreme People's Court Enforcement Supervision No. 34

　　17. Guiding Case No. 154: Wang Siguang v. Zhongtian Construction Group Co., Ltd., Baishan Hefeng Real Estate Co., Ltd. Third-Party Execution Objection Case (27th Batch)

　　Trial Points: In the process of compulsory execution of construction project payment, if the house buyer brings a third-party execution objection suit against the house under compulsory execution, requesting to confirm that it enjoys civil rights that can exclude compulsory execution against the case-involved house, but does not deny the priority right of payment for construction project payment enjoyed by the creditor confirmed by the original effective judgment, it belongs to the situation of "unrelated to the original judgment or ruling" as stipulated in Article 227 of the Civil Procedure Law, and the People's Court shall accept it in accordance with the law.

　　(2019) Supreme People's Court Civil Retrial No. 39

　　18. Guiding Case No. 155: China Construction Bank Co., Ltd., Huaihua Branch v. China Huarong Asset Management Co., Ltd., Hunan Branch, etc. Third-Party Execution Objection Case (27th Batch)

　　Trial Points: In the compulsory execution of mortgage rights, if a third party brings an execution objection suit on the ground that it purchased the mortgaged property before the mortgage registration and enjoys rights that take precedence over the mortgage right, claiming to exclude compulsory execution in accordance with the "Supreme People's Court's Provisions on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases by the People's Courts," but does not deny the priority right of the mortgagee to the mortgaged property, it belongs to the situation of "unrelated to the original judgment or ruling" as stipulated in Article 227 of the Civil Procedure Law, and the People's Court shall accept it in accordance with the law.

　　(2019) Supreme People's Court Civil Final Judgment No. 603

　　19. Guiding Case No. 156: Wang Yanyan v. Xu Yijun, Beijing Jinbi Real Estate Development Co., Ltd. Third-Party Execution Objection Case (27th Batch)

　　Trial Points: Article 28 of the "Supreme People's Court's Provisions on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases by the People's Courts" stipulates the right of the real estate buyer to exclude the execution of monetary claims, and Article 29 stipulates the right of the consumer home buyer to exclude the execution of monetary claims. For the request to exclude compulsory execution of commercial housing registered in the name of the real estate development enterprise under execution, the third party can choose to apply Article 28 or Article 29; if the third party claims to apply Article 28, the People's Court shall review it.

　　(2016) Supreme People's Court Civil Appeal No. 254

　　Criminal Cases

　　(1) Crimes Endangering Public Security

　　1. Guiding Case No. 32: Zhang Moumou, Jin Mou Dangerous Driving Case

　　【Trial Points】1. Motor vehicle drivers who drive in a zigzag manner, speed up and chase on the road for competition, excitement, anger, or other motives, belong to "chasing and racing" as stipulated in Article 133-1 of the Criminal Law of the People's Republic of China. 2. Although chasing and racing does not cause casualties or property loss, considering the serious violations of the Road Traffic Safety Law such as exceeding the speed limit, running red lights, overtaking forcibly, and resisting traffic law enforcement, it is sufficient to threaten the lives and property of others, which belongs to the "serious circumstances" of dangerous driving.

　　【Case Number】(2012) Pu Xing Chu Zi No. 4245

　　2. Guiding Case No. 13: Wang Zhaocheng et al. Case of Illegal Purchase and Storage of Hazardous Substances

　　【Key Points of Judgment】1. Sodium cyanide and other highly toxic chemicals under strict state supervision are easily lead to poisoning or death, posing a great toxic and dangerous threat to human beings and the environment, and belong to the "toxic" substances stipulated in Article 125, paragraph 2 of the Criminal Law. 2. "Illegal buying and selling" of toxic substances refers to the act of purchasing or selling toxic substances without the approval of the relevant competent authorities, in violation of laws and regulations of the state authorities. It does not require both buying and selling behaviors.

　　【Case Number】(2011) Shaoyue Xingchu Zi No. 205

　　(II) Crime of disrupting the socialist market economic order

　　1. Guiding Case No. 70: Beijing Sunshine 100 Biotechnology Development Co., Ltd., Xi Wenyou et al. Case of Production and Sale of Toxic and Harmful Food

　　【Key Points of Judgment】Although the substances added by the actors in food production and operation are not those listed in the "List of Non-Food Substances that May Be Illegally Added in Food" and the "List of Substances that May Be Illegally Added in Health Food" promulgated by the relevant departments of the State Council, if the substance has the same attributes as those listed in the above lists and it can be determined based on relevant materials such as inspection reports and expert opinions that the substance poses the same hazard to human body, it shall be identified as "toxic and harmful non-food raw materials" as stipulated in Article 144 of the Criminal Law of the People's Republic of China.

　　【Case Number】(2014) Yangxing Erzhong Zi No. 0032

　　2. Guiding Case No. 87: Guo Mingsheng, Guo Mingfeng, Sun Shubi Case of Counterfeiting Registered Trademarks

　　【Key Points of Judgment】The illegal business amount and illegal gains of the crime of counterfeiting registered trademarks shall be determined in a comprehensive way based on the defendant's confession, witness testimony, victim's statement, electronic data of online sales, the defendant's bank account transactions records, delivery notes, express company computer system records, defendant's bookkeeping and other evidence. The defendant's defense that the online sales records contain untrue transactions for brushing credit is not adopted without evidence.

　　【Case Number】(2015) Suzhong Zhixingchu Zi No. 0004

　　3. Guiding Case No. 61: Ma Le Case of Trading on Non-Public Information

　　【Key Points of Judgment】The statutory penalties for the crime of trading on non-public information stipulated in Article 180, paragraph 4 of the Criminal Law shall refer to all statutory penalties of the insider trading and leakage of insider information crime in paragraph 1, i.e., the crime of trading on non-public information shall have two circumstances: "serious circumstances" and "especially serious circumstances", and two sentencing levels.

　　【Case Number】(2015) Xingkang Zi No. 1

　　4. Guiding Case No. 62: Wang Xinming Case of Contract Fraud

　　【Key Points of Judgment】In the case of amount crimes, where the completed part and the attempted part of the crime correspond to different statutory penalty ranges respectively, it shall first determine whether to reduce the penalty for the attempted part, determine the statutory penalty range corresponding to the attempted part, then compare it with the statutory penalty range corresponding to the completed part, select the heavier statutory penalty range and punish appropriately more severely; if both are within the same sentencing range, the completed crime shall be punished appropriately more severely.

　　【Case Number】(2013) Yizhongxingzhong Zi No. 4134

　　5. Guiding Case No. 97: Wang Lijun Case of Retrial and Acquittal for Illegal Business Operations

　　【Key Points of Judgment】1. The application of "other illegal business operations that seriously disrupt the market order" as stipulated in Article 225, item 4 of the Criminal Law shall be judged according to whether the relevant acts have the same social harmfulness, criminal illegality and necessity of criminal punishment as the illegal business operations stipulated in the first three items of Article 225. 2. Whether business operations in violation of relevant administrative regulations constitute the crime of illegal business operations shall be judged based on whether such operations seriously disrupt the market order. Business operations which violate relevant administrative regulations, but have not yet seriously disrupted the market order, shall not be identified as the crime of illegal business operations.

　　【Case Number】(2017) Nei 08 Xingzai No. 1

　　(III) Crimes infringing upon citizens' personal rights and democratic rights

　　1. Guiding Case No. 93: Yu Huan Case of Intentional Injury

　　【Key Points of Judgment】1. Acts of illegally restricting others' personal freedom shall be deemed as "unlawful infringement" as stipulated in Article 20, paragraph 1 of the Criminal Law, and legitimate defense can be carried out. 2. Acts of illegally restricting others' personal freedom accompanied by insult and minor assault shall not be deemed as "violent crime that seriously endangers personal safety" as stipulated in Article 20, paragraph 3 of the Criminal Law. 3. To judge whether self-defense is excessive, it is necessary to comprehensively consider the nature, means, intensity, and degree of harm of unlawful infringement, as well as the nature, timing, means, intensity, environment, and consequences of the defensive act. If the unlawful infringement involves illegal restriction of others' personal freedom, accompanied by insult and minor assault, and is not very urgent, the defensive act that causes death or serious injury shall be deemed as "obviously exceeding the necessary limits causing substantial harm" as stipulated in Article 20, paragraph 2 of the Criminal Law. 4. In cases of excessive self-defense, if it is caused by unlawful infringement committed by the victim that seriously undermines the dignity of others or desecrates human relations, this should be fully considered during sentencing to ensure that the judicial judgment can withstand legal scrutiny and conforms to the concept of social fairness and justice.

　　【Case Number】(2017) Luxingzhong 151

　　2. Guiding Case No. 12: Li Fei Case of Intentional Homicide

　　【Key Points of Judgment】In the case of intentional homicide caused by civil disputes, where the defendant used cruel means and is a recidivist, the defendant should be sentenced to death, but if the defendant's relatives actively assist the public security organs in arresting him and actively compensate the victim, the People's Court, based on the specific circumstances of the case, and considering the perspective of resolving social contradictions, may sentence the defendant to death with a two-year reprieve and decide to restrict reduction of sentence.

　　【Case Number】(2011) Heilongjiang Xing Sanzhong Zi No. 63

　　3. Guiding Case No. 4: Wang Zhicai Case of Intentional Homicide

　　【Key Points of Judgment】In cases of intentional homicide caused by aggravated conflicts in love or marriage, the defendant used cruel means and should be sentenced to death. However, if the defendant has mitigating circumstances such as confession and repentance, active compensation, and the victim's family demands severe punishment, the People's Court, based on the nature of the case, the criminal circumstances, the consequences of the harm, the defendant's subjective malice and personal dangerousness, may sentence the defendant to death with a two-year reprieve and decide to restrict reduction of sentence in order to effectively resolve social contradictions and promote social harmony.

　　【Case Number】(2010) Luxing Sizhong Zi No. 2-1

　　Guiding Case No. 63: Xu Jiafu Compulsory Medical Treatment Case

　　【Key Ruling Points】When hearing compulsory medical treatment cases, the determination of whether the applicant or defendant "has the potential to continue endangering society" should be made by comprehensively considering factors such as the type and symptoms of the mental illness suffered by the applicant or defendant, whether their condition has improved at the time of the trial, and whether their family members or guardians have the willingness and ability to strictly supervise them and seek medical treatment on their own. If necessary, relevant institutions or experts can be commissioned to conduct an assessment.

　　【Case Number】(2013) Wu Hou Xing Qiang Chu Zi Di 1 Hao

　　Guiding Case No. 144: Zhang Namula's Case of Legitimate Self-Defense (26th Batch)

　　【Key Ruling Points】For acts of using lethal weapons to attack the vital parts of others, seriously endangering the personal safety of others, it should be identified as "assault" as stipulated in Article 20, Paragraph 3 of the Criminal Law, and the relevant provisions of special self-defense can be applied. Where multiple persons jointly commit unlawful infringements, some unlawful infringers have been subdued, but others are still continuing the infringement, self-defense can still be carried out.

　　Case Number: (2018) Jin 01 Xing Zhong 326 Hao

　　(iv) Crimes Against Property

　　Guiding Case No. 28: Hu Kejin's Case of Refusal to Pay Labor Remuneration

　　【Key Ruling Points】1. Units or individuals (contractors) that do not have the qualifications of employers, who illegally employ workers and refuse to pay wages, and the amount is substantial, and who still refuse to pay after being ordered to do so by relevant government departments, should be investigated for criminal responsibility for the crime of refusing to pay labor remuneration. 2. Even if other units or individuals have paid the labor remuneration for them before the criminal case was filed, it does not affect the prosecution of the employing unit or individual (contractor) for the crime of refusing to pay labor remuneration.

　　【Case Number】2011) Shuang Liu Xing Chu Zi Di 544 Hao

　　Guiding Case No. 27: Zang Jinquan et al.'s Case of Theft and Fraud

　　【Key Ruling Points】If an offender uses the information network to induce others to click on false links, actually stealing property through pre-planted computer programs, the crime constitutes theft and should be sentenced according to the law; If a fictitious commodity or service is offered for sale, deceiving others to click on payment links to defraud property constitutes a crime, it is considered fraud and should be sentenced accordingly.

　　【Case Number】(2011) Zhe Xing San Zhong Zi Di 132 Hao

　　Guiding Case No. 14: Dong Moumou, Song Moumou Robbery Case

　　【Key Ruling Points】For juvenile defendants sentenced to probation or given a suspended sentence, a "prohibition order" can be applied according to their specific circumstances and the correlation between the prohibited items and the crime committed. For minors whose crimes were induced by internet use, they can be prohibited from entering specific places like internet cafes for a certain period.

　　【Case Number】(2011) Xin Xing Wei Chu Zi Di 29 Hao

　　(v) Crimes Endangering Public Order

　　Guiding Case No. 106: Xie Jianjun, Gao Lei, Gao Erqiao, Yang Zebin's Case of Running a Gambling Den

　　【Key Ruling Points】For the purpose of profit, inviting people to join a WeChat group, using the WeChat group for control and management, gambling by means of grabbing red envelopes, and continuously organizing gambling activities for a period of time constitutes "running a gambling den" as stipulated in Article 303, Paragraph 2 of the Criminal Law.

　　【Case Number】(2016) Zhe 01 Xing Zhong 1143 Hao

　　Guiding Case No. 105: Hong Xiaoqiang, Hong Liwo, Hong Qingquan, Li Zhirong's Case of Running a Gambling Den

　　【Key Ruling Points】For profit, inviting people to join WeChat groups to solicit gamblers, gambling based on lottery results from online lottery sites, setting gambling rules, using WeChat groups for control and management, and continuously organizing online gambling activities for a period of time constitutes "running a gambling den" as stipulated in Article 303, Paragraph 2 of the Criminal Law.

　　【Case Number】(2016) Gan 0702 Xing Chu 367 Hao

　　Guiding Case No. 104: Li Sen, He Limin, Zhang Fengbo et al.'s Case of Damaging Computer Information Systems

　　【Key Ruling Points】Environmental quality monitoring systems are computer information systems. Using cotton yarn and other materials to block environmental quality monitoring sampling equipment, interfering with sampling, and causing serious distortion of monitoring data constitutes the crime of damaging a computer information system.

　　【Case Number】(2016) Shaan 01 Xing Chu 233 Hao

　　Guiding Case No. 103: Xu Qiang's Case of Damaging a Computer Information System

　　【Key Ruling Points】A company's remote mechanical monitoring system is a computer information system. In violation of national regulations, damaging the functions of a company's remote mechanical monitoring system, resulting in the computer information system failing to operate normally, with serious consequences, constitutes the crime of damaging a computer information system.

　　【Case Number】(2016) Xiang 01 Xing Zhong 58 Hao

　　Guiding Case No. 102: Fu Xuanhao, Huang Zichao's Case of Damaging a Computer Information System

　　【Key Ruling Points】1. "DNS hijacking," which uses technical means such as modifying router and browser settings, locking the homepage, or popping up new windows to force network users to access designated websites, constitutes damaging computer information systems; if the consequences are serious, it constitutes the crime of damaging computer information systems. 2. For "DNS hijacking," the determination of whether it is "serious" or "especially serious" should be based on the number of computer information systems that are rendered unusable, the duration of the malfunction, and the resulting losses or impact.

　　【Case Number】(2015) Pu Xing Chu Zi Di 1460 Hao

　　Guiding Case No. 145: Zhang Junjie et al.'s Case of Illegal Control of Computer Information Systems (26th Batch)

　　【Key Ruling Points】By implanting Trojan horse programs to illegally obtain control rights over website servers, and then modifying or adding computer information system data, uploading webpage link codes to relevant computer information systems, it should be deemed as the act of illegally controlling computer information systems by "other technical means" stipulated in Article 285, Paragraph 2 of the Criminal Law. Modifying or adding computer information system data to illegally control the computer information system without causing substantial damage or malfunction should not be deemed as the crime of damaging a computer information system; if it meets the provisions of Article 285, Paragraph 2 of the Criminal Law, it should be deemed as the crime of illegally controlling a computer information system.

　　Case Number: (2018) Su 0106 Xing Chu 487 Hao, and (2019) Su 01 Xing Zhong 768 Hao, issued on September 16, 2019

　　Guiding Case No. 71: Mao Jianwen's Case of Refusal to Execute Judgments and Rulings

　　【Key Points of the Ruling】The time for refusing to execute judgments and rulings while having the ability to do so is calculated from the time the judgments and rulings take legal effect. After judgments and rulings with execution content take legal effect, if a person with an obligation to execute has acts such as concealing, transferring, or deliberately destroying property, resulting in the inability to execute the judgments and rulings, and the circumstances are serious, they should be convicted and punished for the crime of refusing to execute judgments and rulings.

　　【Case Number】(2014) Wenping Xingchu Zi No. 314

　　8. Chen Qinghao, Chen Shujuan, and Zhao Yanhai's Case of Opening a Gambling House (26th Batch)

　　【Key Points of the Ruling】Under the guise of "binary options" trading, outside of legally designated futures trading venues, using the internet to solicit "investors", using the price trend of foreign exchange varieties in a future period as the trading object, determining profits and losses according to "buying up" or "buying down", with "investors" who correctly predict the direction of price change profiting, while those who are wrong lose their principal to the website (the house), and with profit and loss results not linked to the actual rise and fall of the price, this is essentially "betting on size, gambling on wins and losses", a gambling behavior disguised as options trading. Relevant websites should be identified as gambling websites.

　　Case Number: (2019) Gan Xing Zhong 93

　　9. Zhang Yongming, Mao Weiming, and Zhang Lu's Case of Intentional Damage to National Scenic Spots and Historic Sites (26th Batch)

　　【Key Points of the Case】The core scenic area of a national scenic spot falls under the "national protected scenic spots and historic sites" stipulated in Article 324, paragraph 2 of the Criminal Law. For activities such as hammering rock nails in the core area of a World Natural Heritage site that seriously damage the naturalness, originality, integrity, and stability of the natural heritage, considering the characteristics of the relevant geological relics, the extent of damage, etc., it can be identified as "serious" intentional damage to national protected scenic spots and historic sites. Specialized issues in criminal cases require appraisal, but if there is no appraisal institution, experts with specialized knowledge can be appointed or hired to issue reports on specialized issues of the case, and relevant reports can be used as evidence in criminal proceedings.

　　Case Numbers: (2018) Gan 11 Xing Chu 34, (2020) Gan Xing Zhong 44

　　(vi) Embezzlement and Bribery Crimes

　　1. Guiding Case No. 11: Yang Yanhu et al.'s Embezzlement Case

　　【Key Points of the Ruling】1. "Taking advantage of one's position" in embezzlement crimes refers to utilizing the power and convenient conditions of supervising, managing, or handling public funds in one's position, including utilizing the convenience of one's position in supervising and managing public funds, and also including utilizing the convenience of the position of other state functionaries in a subordinate relationship. 2. Land use rights have property interests and are "public funds" as stipulated in Article 382, paragraph 1 of the Criminal Law, and can be the object of embezzlement.

　　【Case Number】(2009) Zhejiang Xing Er Zhong Zi No. 34

　　2. Guiding Case No. 3: Pan Yumei and Chen Ning's Bribery Case

　　【Key Points of the Ruling】1. State functionaries who use their positions to benefit petitioners and obtain "profits" with petitioners under the name of a "jointly run" company, without actual investment or participation in management, should be punished for bribery. 2. When state functionaries knowingly receive money from others with requests, it is regarded as a promise to "seek benefits for others"; whether benefits have actually been sought or obtained does not affect the determination of bribery. 3. If state functionaries take advantage of their positions to benefit petitioners by purchasing houses or other items at prices significantly below market value, they should be punished for bribery, and the amount of bribery shall be calculated according to the difference between the local market price at the time of transaction and the actual payment price. 4. If state functionaries return bribes after receiving them due to investigations into related people or matters, it does not affect the determination of the bribery crime.

　　【Case Number】(2009) Su Xing Er Zhong Zi No. 0028

　　(vii) Application for State Compensation Cases

　　1. Guiding Case No. 44: Bu Xinguang's Application for Compensation for Illegal Criminal Confiscation

　　【Key Points of the Ruling】The fact that public security organs return confiscated property ordered by effective criminal judgments to the victim unit, as per the ruling of the People's Court, does not infringe upon the legitimate rights and interests of the claimant for compensation, and does not fall under the circumstances stipulated in Article 18, paragraph 1 of the National Compensation Law of the People's Republic of China, and therefore should not bear state compensation liability.

　　【Case Number】(2011) Fa Wei Pei Zi No. 1

　　2. Guiding Case No. 42: Zhu Hongwei's Application for Compensation for Unlawful Arrest

　　【Key Points of the Ruling】1. When state organs and their staff infringe upon citizens' right to personal freedom while exercising their powers, seriously affecting the victim's normal work and life, causing extreme mental pain, it constitutes a serious consequence of causing mental damage. 2. The amount of mental damage consolation money paid by the compensation obligated organ should be determined based on comprehensive factors such as the means, circumstances, and manner of the infringing act, the influence and consequences of the infringing act, and the local average living standard.

　　【Case Number】(2011) Fa Wei Pei Zi No. 4

　　Administrative Cases

　　(i) Administrative Penalty Cases

　　1. Guiding Case No. 5: Luwei (Fujian) Salt Import and Export Co., Ltd. Suzhou Branch v. Suzhou Municipal Salt Administration Bureau's Case of Administrative Penalty

　　【Key Points of the Ruling】1. The laws and administrative regulations on salt management do not set an administrative license for industrial salt transport permits; local regulations or local government rules cannot set this new administrative license for industrial salt transport permits. 2. The laws and administrative regulations on salt management do not set administrative penalties for other enterprises outside salt companies operating wholesale salt businesses; local government rules cannot set administrative penalties for such behavior. 3. Where local government rules violate laws by setting permits or penalties, people's courts shall not apply them in administrative trials.

　　Case Number: (2009) Jin Xing Chu Zi No. 0027

　　2. Guiding Case No. 6: Huang Ze Fu, He Boqiong, and He Yi v. Chengdu Jintang Industrial and Commercial Administration Bureau's Case of Administrative Penalty

　　【Key Points of the Ruling】When an administrative organ makes an administrative penalty decision to confiscate a large amount of property involved in a case, and fails to inform the parties of their right to request a hearing or fails to hold a hearing in accordance with the law, the people's court should determine that the administrative penalty violates the legal procedure.

　　Case Number: (2006) Cheng Xing Zhong Zi No. 228

　　3. Guiding Case No. 60: Yancheng Aokang Food Co., Ltd. Dongtai Branch v. Dongtai Industrial and Commercial Administration Bureau's Case of Administrative Penalty

　　【Trial Points】1. If a food operator particularly emphasizes the addition of one or more valuable or characteristic ingredients on the food label or instructions, the added amount or content of the emphasized ingredients should be indicated. Failure to do so constitutes a violation of the "Food Safety Law of the People's Republic of China." If the Administration for Industry and Commerce imposes administrative penalties in accordance with the law, the People's Court shall support it. 2. "Emphasis" refers to highlighting through name, color difference, font, font size, graphics, arrangement order, text description, repeated appearance of the same content, or multiple contents pointing to the same thing. "Valuable and characteristic ingredients" refer to special ingredients different from general ingredients, which have high nutritional value for the human body, and their market price and nutritional components are often higher than other ingredients.

　　Case No.: (2013) Yanxing Final No. 0032

　　4. Guiding Case No. 90: Bei Huifeng v. Haining City Public Security Bureau Traffic Police Detachment Road Traffic Management Administrative Penalty Case

　　【Trial Points】Giving way to pedestrians is a basic requirement for civilized and safe driving. When driving a vehicle through a pedestrian crossing, if a pedestrian is crossing or stopping, the driver should actively stop and give way, unless the pedestrian clearly indicates that the vehicle should proceed first. The People's Court shall support the administrative penalties imposed by the public security traffic management department on drivers who fail to give way to pedestrians.

　　Case No.: (2015) Zhejiang Jiaxing Final No. 52

　　5. Guiding Case No. 138: Chen Delong v. Chengdu City Chenghua District Environmental Protection Bureau Environmental Administrative Penalty Case

　　【Trial Points】Enterprises, institutions, and other producers and operators who discharge water pollutants through means such as privately setting up hidden pipes to evade supervision shall be subject to administrative penalties in accordance with the law; if the polluters claim that they should not be subject to administrative penalties on the grounds that the water pollutants they discharge meet standards and have not caused environmental damage, the People's Court shall not support it.

　　Case No.: (2014) Chengdu Supervision No. 131

　　6. Guiding Case No. 139: Shanghai Xinjing Shan Building Materials Development Co., Ltd. v. Shanghai City Jinshan District Environmental Protection Bureau Environmental Administrative Penalty Case

　　【Trial Points】If the odor concentration generated by the stacking and processing of solid waste by enterprises, institutions, and other producers and operators exceeds the emission standards for air pollutants, and the environmental protection authorities apply the heavier penalties of the "Air Pollution Prevention and Control Law of the People's Republic of China," and the enterprises, institutions, and other producers and operators claim that the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste" should be applied to them, the People's Court shall not support it.

　　Case No.: (2017) Hu 0116 Xing Chu 3

　　(II) Administrative Confirmation Cases

　　1. Guiding Case No. 40: Sun Lixing v. Tianjin New Technology Industrial Park Labor and Personnel Bureau Work-related Injury Determination Case

　　【Trial Points】1. "Work-related cause" as stipulated in Article 14, Paragraph 1 of the "Work Injury Insurance Regulations" refers to a correlation between the employee's injury and their work. 2. "Workplace" as stipulated in Article 14, Paragraph 1 of the "Work Injury Insurance Regulations" refers to places related to the employee's work responsibilities. If there are multiple workplaces, it also includes the reasonable area between multiple workplaces during working hours. 3. Negligence of an employee in the performance of their work, unless it falls under the circumstances of intentional crime, drunkenness or drug use, self-mutilation or suicide as stipulated in Article 16 of the "Work Injury Insurance Regulations," will not affect the determination of work-related injuries.

　　Case No.: (2005) Tianjin High Court Final No. 0034

　　2. Guiding Case No. 94: Chongqing Fuling Zhidaw Property Management Co., Ltd. v. Chongqing City Fuling District Human Resources and Social Security Bureau Labor and Social Security Administrative Confirmation Case

　　【Trial Points】Employees who act bravely to stop illegal and criminal acts and are injured are considered to be injured in the course of maintaining public interests as stipulated in Article 15, Paragraph 1, Item 2 of the "Work Injury Insurance Regulations," and shall be treated as work-related injuries.

　　Case No.: (2013) Fuling Court First Instance No. 00077

　　3. Guiding Case No. 59: Dai Shihua v. Jinan City Public Security Fire Brigade Fire Acceptance Dispute Case

　　【Trial Points】The acceptance record notification of construction project fire protection contains an assessment of whether the fire protection completion acceptance is qualified and has the nature of administrative confirmation. If a party initiates an administrative lawsuit against the fire acceptance record notification of the public security fire protection agency, the People's Court shall accept it in accordance with the law.

　　Case No.: (2012) Ji’nan Final No. 223

　　4. Guiding Case No. 69: Wang Mingde v. Leshan City Human Resources and Social Security Bureau Work-related Injury Determination Case

　　【Trial Points】If a party believes that a procedural administrative act made by an administrative organ infringes on their legitimate rights and interests such as personal rights and property rights, has a significant actual impact on their rights and obligations, and cannot obtain relief through initiating a lawsuit against the relevant substantive administrative act, and initiates an administrative lawsuit against the procedural administrative act, the People's Court shall accept it in accordance with the law.

　　Case No.: (2013) Leshan Intermediate Court First Instance No. 36

　　(III) Administrative License Cases

　　1. Guiding Case No. 38: Tian Yong v. Beijing University of Science and Technology Refusal to Issue Graduation Certificate and Degree Certificate Case

　　【Trial Points】1. If a higher education institution refuses to issue a diploma or degree certificate to a student due to violation of school rules and regulations, and the student is dissatisfied, they can file an administrative lawsuit in accordance with the law. 2. The People's Court shall not support the decisions made by higher education institutions based on school rules and regulations that violate national laws, administrative regulations or rules, such as expulsion. 3. When a higher education institution makes a decision that affects the fundamental rights of a student for violating school rules and regulations, it should allow the student to make a defense and deliver it promptly after the decision is made; otherwise, it shall be deemed a violation of legal procedures.

　　Case No.: (1999) First Intermediate Court Final No. 73

　　2. Guiding Case No. 39: He Xiaoqiang v. Huazhong University of Science and Technology Refusal to Grant Degree Case

　　【Trial Points】1. A higher education institution with the authority to confer degrees has the right to review applications for the conferral of degrees and decide whether to confer the degree. If an applicant is dissatisfied with the higher education institution's decision not to confer a degree and initiates an administrative lawsuit, the People's Court shall accept it in accordance with the law. 2. The People's Court shall support the academic standards for awarding degrees formulated by higher education institutions in accordance with the relevant provisions of the "Interim Measures for the Implementation of the Degree Regulations of the People's Republic of China" within the scope of academic autonomy, and the decisions made according to these standards on whether to award degrees.

　　Case No.: (2009) Wuhan Final No. 61

　　3. Guiding Case No. 88: Zhang Daowen, Tao Ren, et al. v. Jianyang Municipal People's Government of Sichuan Province Infringement on the Operating Rights of Passenger Manpower Tricycles Case

　　【Key Judicial Points】1. Administrative licenses have statutory time limits. When making an administrative license, the administrative organ should clearly inform the applicant of the time limit, and the administrative counterpart also has the right to know the time limit. 2. If the administrative counterpart only claims that the administrative license has no time limit on the grounds that the administrative organ did not inform the time limit, the people's court will not support it. 3. If the administrative organ fails to inform the time limit when making an administrative license and subsequently terminates the administrative counterpart's administrative license rights on the grounds that the time limit has expired, this constitutes a violation of administrative procedure, and the people's court should revoke the sued administrative act according to law. However, if the revocation of the sued administrative act will bring obvious adverse effects to the public interest and administrative management order, the people's court should rule that the sued administrative act is illegal.

　　Case No.: Supreme People's Court Xing Zai No. 81

　　(IV) Administrative Approvals

　　Guiding Case No. 22: Wei Yonggao, Chen Shouzhi v. Lai'an County People's Government on the Case of Reclaiming Land Use Rights

　　【Key Judicial Points】A reply made by a local people's government to a request from its subordinate administrative department generally constitutes an internal administrative act and cannot be sued. However, if the administrative department directly implements the reply and it has a practical impact on the rights and obligations of the administrative counterpart, and the administrative counterpart files a lawsuit against the reply, the people's court should accept the case according to law.

　　Case No.: (2012) Wan Xing Zhong Zi No. 14

　　2. Guiding Case No. 41: Xuan Yicheng et al. v. Quzhou Municipal Land and Resources Bureau of Zhejiang Province on the Case of Reclaiming State-owned Land Use Rights

　　【Key Judicial Points】If an administrative organ fails to cite specific legal provisions when making a specific administrative act and cannot prove in the litigation that the specific administrative act conforms to the specific provisions of the law, it shall be deemed that the specific administrative act has no legal basis and applies the wrong law.

　　Case No.: (2003) Ke Xing Chu Zi No. 8

　　(V) Administrative Agreements

　　Guiding Case No. 76: Pingxiang Yapeng Real Estate Development Co., Ltd. v. Pingxiang Municipal Land and Resources Bureau on the Case of Failure to Perform an Administrative Agreement

　　【Key Judicial Points】The interpretation of the clauses stipulated in the administrative agreement by the administrative organ within its power is legally binding on both parties to the agreement, and the people's court, after review, can use it as a basis for reviewing the administrative agreement according to the actual situation.

　　Case No.: (2014) Ping Xing Zhong Zi No. 10

　　(VI) Administrative Levy

　　Guiding Case No. 21: Inner Mongolia Qiushu Real Estate Development Co., Ltd. v. Hohhot Municipal People's Air Defense Office on the Case of People's Air Defense Administrative Levy

　　【Key Judicial Points】If a construction unit violates the People's Air Defense Law and relevant regulations and fails to construct an air raid shelter that should be constructed, it constitutes an illegal act of failing to fulfill its statutory obligations. If a construction unit should pay the air raid shelter relocation construction fee according to law, the provisions on "exempting various administrative and institutional charges such as urban infrastructure supporting fees" for guaranteed housing projects such as affordable housing and economic affordable housing shall not apply.

　　Case No.: (2010) Hu Xing Zhong Zi No. 16

　　(VII) Administrative Registration

　　Guiding Case No. 89: "Beiyan Yunyi" v. Lixia Branch of Jinan Municipal Public Security Bureau, Yanshan Police Station on the Case of Public Security Administrative Registration

　　【Key Judicial Points】Citizens' choice or creation of surnames should conform to traditional Chinese culture and ethics. Choosing surnames other than the father's or mother's surnames or creating new surnames solely based on personal preferences and wishes does not constitute "other justifiable reasons that do not violate public order and good customs" as stipulated in Article 2, Paragraph 3 of the Interpretation of the Standing Committee of the National People's Congress on Article 99, Paragraph 1 of the General Principles of the Civil Law of the People's Republic of China and Article 22 of the Marriage Law of the People's Republic of China.

　　Case No.: (2010) Li Xing Chu Zi No. 4

　　(VIII) Information Disclosure

　　1. Guiding Case No. 26: Li Jianxiong v. Guangdong Provincial Department of Transportation on the Case of Government Information Disclosure

　　【Key Judicial Points】If a citizen, legal person, or other organization submits an application for government information disclosure to an administrative organ through a government public network system, if the network system does not make an exception, the date on which the system confirms that the application has been successfully submitted shall be deemed to be the date on which the administrative organ receives the application for government information disclosure. The internal processing procedures of the administrative organ for the application cannot be a reason for the administrative organ to delay the processing. If the reply is made after the deadline, it shall be deemed illegal.

　　Case No.: (2011) Yue Fa Xing Chu Zi No. 252

　　2. Guiding Case No. 101: Luo Yuanchang v. Pengshui Miao and Tujia Autonomous County Maritime Administration of Chongqing Municipality on the Case of Government Information Disclosure

　　【Key Judicial Points】In government information disclosure cases, if the defendant replies to the plaintiff on the grounds that the government information does not exist, the people's court should examine whether the defendant has fulfilled its due diligence obligation of searching and retrieval. After the plaintiff submits preliminary evidence such as clues that the government information was created or kept by the defendant, if the defendant cannot provide contradictory evidence and prove that it has fulfilled its due diligence obligation of searching and retrieval, the people's court will not support the defendant's claim that the government information does not exist.

　　Case No.: (2015) Yu Si Zhong Fa Xing Zhong Zi No. 00050

　　(IX) Administrative Handling

　　Guiding Case No. 77: Luo Rongrong v. Ji'an Municipal Price Bureau on the Case of Price Administrative Handling

　　【Key Judicial Points】1. If an administrative organ only gives an informative reply to a report that has an interest relationship with the reporter and does not handle the report according to the law, it does not belong to the "act that does not have a practical impact on the rights and obligations of citizens, legal persons, or other organizations" as stipulated in Article 1, Item 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Administrative Litigation Law of the People's Republic of China, therefore, it is suable and falls within the scope of acceptance of administrative litigation by the people's court. 2. A reporter who reports to an administrative organ on the infringement of his or her own legitimate rights and interests has a legal interest relationship with the administrative organ's handling of the report and has the qualifications of a plaintiff in administrative litigation.

　　Case No.: (2012) Ji Xing Chu Zi No. 13

　　(X) Public Interest Litigation

　　1. Guiding Case No. 136: Bai City People's Procuratorate of Jilin Province v. Jiangyuan District Health and Family Planning Bureau of Bai City and Jiangyuan District Chinese Medicine Hospital of Bai City on the Case of Environmental Public Interest Litigation

　　【Key Judicial Points】When hearing environmental administrative public interest litigation cases brought by the people's procuratorate, the people's court may, with reference to the Administrative Litigation Law and its judicial interpretations, adopt the method of separate filing, joint trial, and separate judgment to deal with the environmental civil public interest litigation brought by the people's procuratorate for the same pollution behavior.

　　Case No.: (2016) Ji 06 Xing Chu 4, (2016) Ji 06 Min Chu 19

　　Guiding Case No. 137: Jianchuan County People's Procuratorate of Yunnan Province v. Jianchuan County Forest Public Security Bureau Case on Environmental Administrative Public Interest Litigation for Negligence in Performing Statutory Duties

　　【Key Points of Judgment】In environmental administrative public interest litigation, the people's court shall take whether the illegal acts of the counterparty have been effectively stopped, whether the administrative organ has taken full, timely, and effective statutory regulatory measures, and whether the national interests or social public interests have been effectively protected as the standard for examining whether the administrative organ has performed its statutory duties.

　　Case No.: (2017) Yun2931 Xing Chu 1

　　(XI) Intellectual Property Administrative Litigation

　　Guiding Case No. 113: Michael Jeffrey Jordan v. Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce, Jordan Sports Co., Ltd. "Jordan" Trademark Dispute Administrative Dispute Case

　　【Key Points of Judgment】1. The right of name is a personal right of a natural person to his or her name, and the right of name can constitute a prior right stipulated in the Trademark Law. The Chinese translation of the foreign name of a foreign natural person, if it meets the conditions, can be legally claimed as a specific name and protected according to the relevant provisions of the right of name. 2. For a foreign natural person to claim the protection of the right of name for a specific name, the specific name should meet the following three conditions: (1) The specific name has a certain degree of popularity in China and is known to the relevant public; (2) The relevant public uses the specific name to refer to the natural person; (3) A stable correspondence has been established between the specific name and the natural person. 3. Use is one of the rights enjoyed by the right of name holder and is not a statutory prerequisite for the right of name holder to claim protection of his or her right of name. If a specific name is protected by law under the right of name, even if the natural person has not actively used it, it will not affect the right of name holder from claiming rights according to the Trademark Law concerning prior rights. 4. The "trademark right holder" who violates the principle of good faith, maliciously applies for trademark registration and infringes on the existing prior rights of others, claiming that the registered trademark is legally valid on the grounds of the publicity, use, award, and protection of the trademark, the people's court will not support it.

　　Case No.: (2016) Highest People's Court Xing Zai 27

　　Guiding Case No. 114: Christian Dior Parfums Company v. Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce Trademark Application Rejection Review Administrative Dispute Case

　　【Key Points of Judgment】1. The applicant for international trademark registration has completed the international registration procedure for the application trademark stipulated in the Madrid Agreement Concerning the International Registration of Marks and its Protocol, and the international registration information of the application trademark records that the specified type of trademark is a three-dimensional trademark, which should be deemed as the applicant's statement that the application trademark is a three-dimensional trademark. Since the applicant of the international registered trademark does not need to submit a registration application in the designated country again, the information of the application trademark transferred by the International Bureau of the World Intellectual Property Organization to the China Trademark Office should be the factual basis for the China Trademark Office to examine and decide whether the application trademark's designated territorial extension protection application in China can be supported. 2. In the case where the information for the application of international trademark registration only lacks some formal requirements such as partial views stipulated in the Implementation Regulations of the Trademark Law, the trademark administrative organ should uphold the spirit of actively fulfilling its international treaty obligations and give the applicant a reasonable opportunity to make corrections.

　　Case No.: (2018) Highest People's Court Xing Zai 26