China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Highlights of China's Guiding Case System – Guiding Cases & Similar Cases Series (1)

Sun, 11 Oct 2020
Categories: Insights

China law

Click here to learn more about Case system in Chna.

China’s Guiding Cases (指导性案例) refer to cases selected by the Supreme People’s Court (SPC) from the effective judgments of courts nationwide through specific procedures, and should be referred to by courts at all levels when hearing similar cases.

Setting out some basic requirements, the Provisions on Case Guidance  (关于案例指导工作的规定) were issued by the SPC in November 2010 as a first step towards establishing the Guiding Case system.

1. Who can issue Guiding Cases?

The Guiding Cases can only be issued by the SPC. Local courts have no power to issue such cases.

2. Which cases can become Guiding Cases?

All effective judgments rendered by courts across the country may become Guiding Cases.

The SPC will focus on the following criteria when selecting candidate cases: 

(1) Cases attracting substantial concern from the public. Selecting such cases can reflect the identification of judicial activities with the universal value of society, and help to enhance the social identity and credibility of court judgments.

(2) Cases where laws and regulations are somewhat broad and vague. The Guiding Cases may further specify the standard in the application of law, thereby restricting the discretion of judges.

(3) Cases of typical nature in the application of law. The Guiding Cases may assist the SPC to uniformly guide the local courts to make relatively consistent judgments.

(4) Cases of new types or being difficult and complicated. The Guiding Cases may solve unprecedented or difficult legal application issues, thereby enhance the efficiency and quality of handling of such new cases in local courts.

3. How to find and compile suitable cases into the Guiding Cases?

(1) Discovery

Internal discovery: each court can select candidate cases from the cases in its court or jurisdiction.

External discovery: legislatures, experts, lawyers, and people’s assessors may recommend candidate cases.

(2) Initial Review and Compilation

The SPC has set up a Case Guidance Office to be responsible for sorting, summarizing, and screening the recommended cases, as well as submitting them to the judicial committee of the SPC for discussion.

(3) Determination

The judicial committee of the SPC decides which cases will be finally selected as the Guiding Cases.

(4) Issuance

The Guiding Cases determined by the judicial committee of the SPC shall be issued universally in the form of an announcement in the Gazette of the SPC (最高人民法院公报), the SPC official website, and the People’s Court Daily (人民法院报).

 


Photo by zhang kaiyv (https://unsplash.com/@zhangkaiyv) on Unsplash

Contributors: Guodong Du 杜国栋 , Meng Yu 余萌

Save as PDF

Related laws on China Laws Portal

You might also like

Legal Crossroads: Canadian Court Denies Summary Judgment for Chinese Judgment Recognition When Faced with Parallel Proceedings

In 2022, the Ontario Superior Court of Justice of Canada refused to grant summary judgment to enforce a Chinese monetary judgment in the context of two parallel proceedings in Canada, indicating that the two proceedings should proceed together as there was factual and legal overlap, and triable issues involved defenses of natural justice and public policy (Qingdao Top Steel Industrial Co. Ltd. v. Fasteners & Fittings Inc. 2022 ONSC 279).

Chinese Civil Settlement Statements: Enforceable in Singapore?

In 2016, the Singapore High Court refused to grant summary judgment to enforce a Chinese civil settlement statement, citing uncertainty about the nature of such settlement statements, also known as ‘(civil) mediation judgments’ (Shi Wen Yue v Shi Minjiu & Anor [2016] SGHC 137).

What’s New for China’s Rules on International Civil Jurisdiction? (B) - Pocket Guide to 2023 China’s Civil Procedure Law (3)

The Fifth Amendment (2023) to the PRC Civil Procedure Law has opened a new chapter on international civil jurisdiction rules in China, covering four types of jurisdictional grounds, parallel proceedings, lis alibi pendens, and forum non conveniens. This post focuses on how conflicts of jurisdiction are resolved through mechanisms such as lis alibi pendens, and forum non conveniens.

What’s New for China’s Rules on International Civil Jurisdiction? (A) - Pocket Guide to 2023 China’s Civil Procedure Law (2)

The Fifth Amendment (2023) to the PRC Civil Procedure Law has opened a new chapter on international civil jurisdiction rules in China, covering four types of jurisdictional grounds, parallel proceedings, lis alibi pendens, and forum non conveniens. This post focuses on the four types of jurisdictional grounds, namely special jurisdiction, jurisdiction by agreement, jurisdiction by submission, and exclusive jurisdiction.