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I Backgrounds

“Impact litigation” are a set of cases that can arouse the wide attentions and discussion of the public and can reflect the conflicts among the systems behind the individual case. “Selecting impact cases, assisting impact cases, and organizing specialists to study impact cases to put forward a scheme for the system reforms” supplies a forum and at the same time is a social campaign in which some lawyers, public, scholars, medias, judicial department, executive department and legislature are activated together to discuss the individual case and systems to make some plans for the reforms.

 

The purpose of this campaign is to disclose the important issues of the 2005 year that public cared about and further to explain them and put forward some schemes for the reforms. In this sense, this campaign is a process in which the public and specialists can communicate each other and the proposals for the system reforms can be brought forward.

 

On December 30, 2005, the preparatory team of Beijing Impact Firm started this election campaign through successively publishing 30 candidate cases for electing “China Top 10 Impact litigation” in the “Legal Daily” newspaper and “Sina.Com” web. According to the election result, “Legal Daily” newspaper and “Sina.Com” web announced the first top 15 cases together on January 5. Thereinto, the first top 5 candidate cases directly entered into “China Top 10 Impact litigation”. From the date of January 6, the candidate cases from top 6 to top 15 underwent the last election according to the poll result of net-surfers and the appraisals of specialists. On January 7, the other 5 candidate cases finally entered into  “China Top 10 Impact litigation”.

 

II Date

On January 8, 2006, the preparatory team of Impact Firm united “All Chinese Lawyers Association ” and “Legal Daily Office” to hold a releasing meeting, namely proseminar to announce the election result of “China Top 10 Impact litigation” in which some famous specialists and lawyers were invited to analyze and review those cases. From then, the impact cases began to enter into the public domain.

 

III Attendees

YU Ning President, All Chinese Lawyers Association

Deng jia ming Secretary General, All Chinese Lawyers Association

Feng xiu mei Vice- Secretary General, All Chinese Lawyers Association

Jia jing ping President, Legal Daily

Lei xiao lu Chief Editor, Legal Daily

Zhang ya fa Vice- Chief Editor, Legal Daily

Jiang Ping Professor, China University of Political Science and Law

Jiang ming an Professor, Peking University

Mo ji hong Researcher, Chinese Academy of Social Sciences

Gan gong ren Professor, Central University of Finance and Economics

He hai bo Professor, Tsinghua University

 

IV Contents

1,“She xiang lin” case

Brief: 11 years ago, She xiang lin was sentenced to 15 years of imprisonment because he was suspected to kill his wife. In 2005, the appearance of his wife proved that  “She xiang li” was wrongly sentenced.

Public Opinion: the great impact of “She xiang lin” case on the public promotes the reforms for the China Penal Judicial System. This case arouses the deep self-examination of the public about some judicial system and ideas such as “limit on the detective power, procedure for the check of death penalty, evidence rule, silence rights, and uncertain crimes not being punished”. Subsequently, the accelerating reforms for the procedure of the check of death penalty and penal procedural code initially proves the social impact brought by the “She xianglin” case.

 

2,“Chinese civilians’ claims for the compensation from the Japanese Government” case

Brief: On December 19, 2005, ten “comfort women” including “Wan ai hua” from Shan xi province who were persecuted by the Japanese army invading China lost their lawsuits again in Japan.

Public Opinion: from unknown to public to arousing international wide attentions, the case “Chinese civilians’ claims for the compensation from the Japanese Government” underwent ten years in which people see the insistence strength. Through collecting and prohibiting relating evidences, the people all over the world see the crimes committed by the Japanese army invading China and realize the damage of the war. The mode of litigation brought the emotional feelings of loving motherland of the public into the rational orbit. Some Japanese friends’ support and assistance make us see the self-examination about the war crimes of the proportion of Japanese civilians and make us see the hope of developing the friendship between Japan and China.

 

3,“the successive disclosure of the corruptions of senior governors “Ma De, Han gui zi, and Tian feng shan” case

Brief: During the period from July to December in 2005, three senior governors from the Hei long jiang province “Ma de, former Communist Party chairman of City Sui Hua of Hei long jiang province, Han gui zi, former chairman of Politics and Negotiation and Committee of Hei long jiang province, and Tian feng shan, former minister of China National Soil and Resources ministry” were successively sentenced in Beijing. From then, this continual disclosure of the corruptions of selling official positions came to end.

Public Opinion: the case “the corruptions of senior governors “Ma De, Han gui zi, and Tian feng shan” can enter “China Top 10 Impact litigation” through the poll of net-surfers not only because this case was called as “the biggest case about the corruptions of selling official positions” by the media, but also because it reflects the determination of the Chinese government to eliminate corruptions and abhorrence of the public about the corruptions.

 

4,“Gu chu jun” case

Brief: in 2005, Gu chu jun, a private enterpriser who have a legendary experience, came down from the peak of the career. “Hai Xin” invested 0.9 billions and successfully purchased “Ke Long Electricity”. “Ke Long” was transformed from a private shares holding enterprise that can list in the stock market into a national shares holding enterprise that list in the stock market.

Public Opinion: this case shocked the enterprise kingdom, scholar’s kingdom and even the public. In the early 2004, the debates between Gu chu jun and Lang xian ping and subsequent arguments between Lang xian ping and Zhang wei ying aroused a wide discussion about the loss of national capitals. The drop of the Gu chu jun seems to prove the judgments of some specialists that Chinese capital market is characterized as “connate deficiency, late abnormality”. However, this case reflected some questions such as “the defects of the supervisions of Securities regulations Committee, the helpless role of the independent directors, and the public credit of economic kingdom”.

 

5,“Huang Jing” case

Brief: two years ago, Huang Jing, a elementary school teacher, was found dead nakedly in the dormitory of her working school. Did Huang die of natural reasons or rape? Appraisals of specialists became the key evidence to draw a conclusion. However, after checking Huang’s body five times through different appraisal institutions, the six appraisals they got are completely different. “Huang Jing” case became a doubtful case.

Public Opinion:  Maybe we may optimistically believe that “Huang Jing” case that ever caused public to criticize strongly Chinese judicial systems will be able to be clarified with the advance of the judicial reform. However, maybe we cannot be optimistic because the reality is that only making supervisions of judicial appraisal perfect is not enough.

 

6,“Du bao liang’ s enormous fine” case

Brief: Du bao liang, a peasant worker from the outside regions to Beijing, received a fine bill of 10,500 Yuan on May 23, 2005. The fine bill recorded that Du was subtracted 210 points because of the traffic violation. The records in the traffic regulation department of West City District of Beijing indicated that Du had violated the traffic regulations 105 times. Subsequently, Du brought a lawsuit against the traffic regulation department. However, latter he withdrew his lawsuit.

Public Opinion: the Du case reflected the lack of the ideas about service and procedure of the executive department in enforcing law. This case directly caused the big reform for the traffic regulation departments of Beijing, which was called as “an unimportant person produced great impact” too. As to the relationship between the individual case and the rule of law, the impact of Du case did not end, and it must force relating departments to make up this hole of the system through the procedure of legislature.

 

7,“Auto Car hitting a person” case

Brief: at 20:55 P.M, on May 9, 2004, near the Cai Hu Ying Bridge of Beijing, the couple “Cao zhi xiu” was crossing the main road from north to south. The Auto car that Liu Huan drove was passing and hit “Cao zhi xiu” in the Green Section, and then Cao was dead. On December 5, 2005, the Beijing First Intermediate People’s Court made a final judgment that couple Cao should recover 100,800 Yuan from Liu Huan.

Public Opinion: “when the traffic accidents happen, remedy or not remedy?” the question concerning the conflicts of the interests between “people by car” and “people on foot” once aroused the continual attentions of the public. To balance the different interests by legislature is also a systemic career.

 

8,“the claims of the farmers from Fu Jian province for the damages caused by environmental pollutions” case

Brief: some farmers from Ping Nan County of Fu Jian province brought a lawsuit against “Rong Ping Chemistry Limited Company” for the environmental pollutions. The Ning De Intermediate People’s Court of Fu Jian province made a trial judgment that the defendant should stop infringing the benefits of the farmers at once and should compensate the loss that plaintiffs had suffered.

Public Opinion: when the common benefits are infringed by the public danger, what should it provide in the legal procedure to satisfy the demands for the maintenance of the rights of public? How to find a rational mode to balance and resolve the conflicts between the different benefits in the society existing many benefits?  In the deeper level, this case arouses some self-examinations of public about the relationship between the environmental protections and economic development.

 

9,“Hao jin song’s lawsuit against Railroad Bureau for getting invoice” case

Brief: Hao jin song returned his railway ticket, but he got a receipt that was printed and circulated in the railroad system, not a formal invoice, which make him not claim for reimbursement from his working institute. Subsequently, he brought a lawsuit against the Railroad Bureau.

Public Opinion: “Commonweal Litigation” is a judicial remedy that justice soldiers are pursuing beyond their own benefits. It is all times the center of the attentions of public because it is concerning with the common benefit and challenges the vested benefits. Although the system of “Commonweal Litigation” is not established nowadays, this case is a beneficial attempt.

 

10,“G M DAEWOO v. CHERY” case

Brief: GM DAEWOO brought a lawsuit against CHERY because the “QQ Car” of CHERY lacks the originability of the independent development and CHERY does not have enough period and techniques to independently develop new car model and copied its model. The dispute between GM DAEWOO and CHERY on the intellectual rights underwent three years. At last, both parties made a compromising agreement in November 2005.

Public Opinion: the disputes between GM DAEWOO and CHERY put forward a question like this: in the process of entering into the international community, how should the protection of Chinese intellectual rights locate its position to match the growing-up strategic status as a great country?

 

V Social Impact:

the result of searching the name of this campaign through the tool “Google” is 1,040,000 items.

 

1,Media Report

This campaign aroused the wide attentions of public and is a legal election campaign that had the biggest impact in China during the year 2005. The amount of the media reports along with the reprints is 2,080,000.

 

According to the statistic, the list of plane media reports are following

“The announcement of the first-run election result on “China Top 10 Impact litigation”” (Legal Daily, January 5, 2006)

“The announcement of the election result on “2005 China Top 10 Impact litigation””(Legal Daily, January 9, 2006)

“The announcement of the election result on “2005 China Top 10 Impact litigation”; the case of the corruption of senior governor “Tian feng shan” entering”( New Beijing Newspaper, January 10, 2006)

 “To pay attention to specific cases and promote the reforms for system of law---“2005 China Top 10 Impact litigation””(Chinese Lawyers Magazine, the second period, 2006)

 “Impact Litigation: judicial engine to promote the advance of rule of law---to analyze “2005 China Top 10 Impact litigation””(Liu jun wu, People’s University Study, the third period, 2006)

 “The announcing meaning of Impact Litigation”, (Chen you xi, Chinese Lawyers)

 “Case entering “2005 China Top 10 Impact litigation”: 1721 farmers from Fu Jian province bringing lawsuit against a chemistry plant for environmental pollutions” (Ping Nan’s Home of Green)

“Impact Litigation Changing Our Life” (Yang Tao, Chinese and Foreign Judgments on Civil and Commerce)

 

2,Some Famous Webs’ Reports and Reprints

Xin Hua Net

www.xinhuanet.com 

 

Sina.Com Net

http://news.sina.com.cn/c/2006-01-09/21548817169.shtml

China Culture and Law Net

http://culturelaw.ccnt.com.cn/index2.php?col=6&file=1397

People Net

http://legal.people.com.cn/GB/42735/3999877.html

East Net

http://news.eastday.com/eastday/node79841/node79860/node110484/userobject1ai1769917.html

China Development Briefing

http://www.chinadevelopmentbrief.org.cn/ngother/ngother.jsp?id=176

Gong Shang 315 Net

http://www.gs315.gov.cn/news/showsina.com.asp?url=FinanceNews/g/20060109/21252260949.shtml

CCTV, International Channel

http://www.cctv.com/news/society/20060109/100060.shtml

China Net

http://news.china.com/zh_cn/news100/11038989/20060105/13004776.html

China Economy Net

http://www.ce.cn/law/shouye/fzgc/200601/09/t20060109_5772953_1.shtml

 Tom Net

http://news.tom.com/2006-01-05/000T/05129262_02.html

Sohu.Com Net

http://news.sohu.com/20060106/n241301250.shtml

 
   
 

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