Selected Cases from the Supreme People’s Court of the People’s Republic of China

Chapter 1 Chenzhou Fanlongdui Mining Co., Ltd. v. the Ministry of Land and Resources of the People’s Republic of China (Administrative Reconsideration Decision about the Land and Resources)—The Judicial Control over the Administrative Reconsideration Authority’s Revocation of the Mining Rights

Chapter 2 Michael Jeffrey Jordan v. Trademark Review and Adjudication Board of the State Administration for Industry and Commerce of the People’s Republic of China & Jordan Sports Co., Ltd. (Administrative Disputes over Trademark)—Right to One’s Name May Constitute “Prior Right” Protected by Trademark Law

Chapter 3 The People v. Nie Shubin (Intentional Homicide and Rape)—Fact-Finding and Application of Law in Criminal Retrial Procedure

Chapter 4 The Criminal Judgment of the Supreme People’s Court of the People’s Republic of China The People v. Zhang Wenzhong (The Crimes Regarding Fraud, Institutional Bribery and Misappropriation of Funds)

Chapter 5 Chongqing Haoyun Real Estate Development Co., Ltd. v. Owners’ Committee of Dijing Hoayuan, Xipeng, Jiulongpo District, Chongqing (Dispute over Parking Spaces)—Parking Spaces Occupying Roads or Other Places Jointly Owned by the Owners are Subject to Common Ownership by the Owners

Chapter 6 The People v. Zhang X (A) (Illegal Pooling of Public Deposits)—Determination of the Actor’s Identity in Illegal Pooling of Public Deposits and Its Amount

Chapter 7 The People v. Yi X (Organizing, Leading and Participating in Terrorist Organization, Intentional Homicide)—Culpability of the Members of Terrorist Organizations and the Application of the Death Penalty

Chapter 8 Civil and Commercial Cases and Execution Sichuan Panhua Technology Co., Ltd. v. Pangang Group Co., Ltd. (Dispute over Contract)—Determination of Whether Government Acts Constitute Force Majeure and the Application of Change of Circumstances

Chapter 9 Aluminum Corporation of China Limited Chongqing Branch and Aluminum Corporation of China Limited v. Chongqing Fuli Mining Co., Ltd. (Dispute over Contract)—Determination of Cause of Action and Time of Rescission under Statutory Right of Rescission

Chapter 10 Panjin Urban Construction and Real Estate Development Co., Ltd. v. Xu X (Dispute over Real Estate Sales Contract)—When One Litigant Applies for Retrial, Whether Its Provision of Criminal Investigation Material of the Other Suspected of Committing a Crime is Sufficient to Overturn Facts Found in the Original Judgment

Chapter 11 Zheshang Jinhui Trust Co., Ltd. v. Zhejiang Sunion Group Co., Ltd., Sunion Holdings Group Co., Ltd., et al. (Dispute over Financial Loan Contract)—Creation of Mortgage of Project under Construction and the Scope of the Collateral

Chapter 12 Founder BEA Trust Co., Ltd. v. Ganzhou Julong High-Tech Industry Co., Ltd. and AVIC Trust Co., Ltd. (Dispute over Financial Loan Contract)—Difference Between Equity Repurchase and Withdrawal of Capital Contribution under Equity Trust Financing

Chapter 13 Shanghai Pudong Development Bank Co., Ltd. Guiyang Branch v. Guiyang Jinchang Precision Casting Co., Ltd., Feng X, et al. (Dispute over Guarantee and Financial Loan Contract)—Whether upon the Expiration of the Mining Right the Mortgage Created Thereon Will Continue to be Valid

Chapter 14 Yi X v. Industrial and Commercial Bank of China Limited Panjin Branch (Dispute over Bank Card)—Banks Should Exercise Their Duty of Utmost Care and Risk Warning When Receiving Deposits from Depositors

Chapter 15 Liaoning Shunda Traffic Engineering Maintenance Co., Ltd. v. Panjin Kaiyue Economic and Trade Co., Ltd. (Dispute over Contract for Work)—Applicable Rules for Transforming Claim in Real Right into Claim for Real Right Damages

Chapter 16 Qingdao Sanley Group Co., Ltd. v. China Haisum Engineering Co., Ltd. (Dispute over Construction Contract for Construction Engineering)—Difference Between Interest of Payment for the Engineering and Liquidated Damages

Chapter 17 Tongzhou Construction General Contracting Group Co., Ltd. v. Inner Mongolia Xinghua Real Estate Co., Ltd. (Dispute over Construction Contract for Construction Engineering)—The Nature and Performance of the Offsetting Debt with Property Agreement upon Expiration of Debt Satisfaction Period

Chapter 18 Xiamen Yuanchang Real Estate Development Co., Ltd. v. Hainan Yuexin Group Co., Ltd. (Contract Dispute)—Disposal as to When the Active Claims Claimed by the Creditor to be Used for Offsetting Exceed the Statute of Limitations

Chapter 19 China Resources Bank of Zhuhai Co., Ltd. v. Jiangxi Electric Power Fuel Co., Ltd. and Third Party Guangzhou Dayou Coal Sales Co., Ltd. (Dispute over Factoring Contract)—Debtor’s Assumption of Liability in Dispute over Factoring Contract

Chapter 20 Shanghai Tailong Real Estate Development Co., Ltd. & Shen X v. Hainan Qianbo Lecheng Development Co., Ltd. & Jiang X (Dispute over Equity Transfer)—Identification of Multiple Actions in Civil Litigation

Chapter 21 China Biodiversity Conservation and Green Development Foundation v. Ningxia Ruitai Technology Co., Ltd. (Public Interest Litigation Against Environmental Pollution)—The Identification of Subject Qualification in Environmental Civil Public Interest Litigation Filed by Social Organizations

Chapter 22 Environmental Protection Association of Taizhou City, Jiangsu Province v. Taixing Jinhui Chemical Engineering Co., Ltd. (The Public Interest Litigation for Compensation for Environmental Pollution Tort)—Judgement of Environmental Pollution Tort Regarding Environmental Medium with Self-Purification Capability

Chapter 23 Chongqing Branch of China Orient Asset Management Co., Ltd. v. Lerentang Investment Group Co., Ltd. and Beijing Zhongkun-Jinxiu Real Estate Development Co., Ltd. etc. (Dispute over the Enforcement Applicant’s Objection to Enforcement)—Conflict Between Priority of Compensation with Mortgaged Property and Expectant Right of Real Right

Chapter 24 Dalian Deyun Real Estate Development Co., Ltd. v. Dalian Yachen Real Estate Development Co., Ltd. and Dalian Shengxin Construction Group Co., Ltd. (Lawsuits of Revocation by a Third Party)—The Application Conditions for Lawsuits of Revocation by a Third Party

Chapter 25 Guizhou Antaen Renewable Resources Technology Co., Ltd. and Guiyang Branch of Bank of Chongqing Co., Ltd., etc. v. Hefei Midea Refrigerator Co., Ltd. (Dispute over Objection to Jurisdiction)—The Confirmation of the Place where the Result of a Tort Occurs

Chapter 26 Anhui Yonghe Property Co., Ltd. v. Anhui Guoxin Construction Group Co., Ltd. (Case Concerning Supervision over Enforcement)—After the Bankruptcy Liquidation Application is Accepted, the Money Enforced into the Court Account but not Disbursed in the Enforcement Proceeding Shall be Handed over to the Court that Accepts the Bankruptcy Case

Chapter 27 Zhang X v. Lei X and Zhao X (Disputes over Copyright Infringement)—Necessary Scenes and Limited Means of Expression in Works with the Same Historical Theme are not Protected by Copyright Law

Chapter 28 Cao X v. Yunnan Xiaguan Tuocha Tea (Group) Co., Ltd. (Dispute over Infringement of Trademark Rights)—The Relationship Between the Registered Trademark Protection and the Popularity of Trademarks for the Disputed Infringing Commodities

Chapter 29 Shenzhen Ellassay Garment Co., Ltd. v. Wang X (Disputes over the Infringement of Trademark Rights)—Malicious Acquisition and Exercise of Trademark Rights are not Protected by Law

Chapter 30 Eli Lilly and Company v. Changzhou Watson Pharmaceutical Industries Ltd. (Dispute over the Infringement upon Patent for Invention)—Identification of the Preparation Process of the Disputed Infringing Drug

Chapter 31 Zhongshan Longcheng Daily Products Co., Ltd. v. Hubei Tongba Children’s Products Co., Ltd. (Dispute over the Infringement of Utility Model Patent Right)—Whether the Prior Agreement Between the Patentee and the Infringer Can Serve as the Basis for Ascertaining the Amount of Damages for Infringement

Chapter 32 Grohe AG. v. Zhejiang Jianlong Sanitary Ware Co., Ltd. (Dispute over Infringement of the Design Patent Right)—Determination of Patent Design Features and Functional Design Features of Authorized Designs and Its Considerations in Infringement Judgments

Chapter 33 Beijing Long-Young Technology Co., Ltd. v. Wuhan Sanyuan Special Building Materials Co., Ltd. (Disputes over Unfair Competition)—The Difference Between “Unique Name of a Well-Known Commodity” and “Distinctiveness of a Trademark”

Chapter 34 Beijing Qihoo Technology Co., Ltd. v. Tencent Technology (Shenzhen) Co., Ltd. and Shenzhen Tencent Computer System Co., Ltd. (Dispute over the Abuse of Market Dominant Position)—Analysis Methods and Ideas for the Definition of the Relevant Markets and the Abuse of Market Dominant Position in the Internet Environment

Chapter 35 Wu X v. Shaanxi Broadcast & TV Network Intermediary (Group) Co., Ltd. (Bundling Transaction Dispute)—The Authentication of Market Dominant Position Possessed by Operators

Chapter 36 Yuan X v. the People’s Government of Jiangsu Province (Government Information Disclosure)—Determination of the Necessity to Protect Rights in Administrative Lawsuit Concerning Government Information Disclosure

Chapter 37 Chen X and Zhao X v. The People’s Government of Yimen County, Yunnan Province—The Grant of the Certificates by the Administrative Agency, though Flawed Procedurally, May not be Revoked Necessarily

Chapter 38 The Compensation Agreement by the People’s Government of Haitang District, Sanya City, Hainan Province (Dispute over the Conclusion of Compensation Agreement for Government Taking)—The Conclusion of Administrative Agreements Shall be Within the Scope of Administrative Agency’s Discretion

Chapter 39 Huang X (A) and Huang X (B) v. the People’s Government of Shunde District, Foshan, and National Land and Civil Construction Bureau and Water Conservancy Bureau of Shunde District, Foshan (Administrative Registration)—The Bona Fide Acquisition of Mortgage Constitutes an Impediment to the Cancellation of Housing Registration

Chapter 40 Zuo X v. Tongzi County People’s Government of Guizhou Province and Tongzi County Education Bureau (Dispute over the Agreement on Housing Demolition and Resettlement)—The People’s Court Shall Specifically Rule on the Rights and Obligations of the Parties to the Administrative Agreement