On 7 May 2024, China’s Supreme People’s Court published a judicial policy document entitled the “Working Regulations for Construction and Operation of the People’s Court Case Database” (人民法院案例库建设运行工作规程, hereinafter referred to as the “Regulations”) ,which came into force on 8 May.
The Regulations consist of 30 articles, providing for the entry process of reference cases, the entry process of socially recommended reference cases, the retrieval and use of the cases in the database, and the dynamic adjustment of reference cases.
The highlights of the Regulations are as follows:
- Where the court refers to a similar case in the database when trying a pending case, the court reasoning and key points in the judgment of the similar case can be considered and referred to, but shall not be used as the legal basis for a ruling.
- Where the procuratorates, the parties to the case, their defenders or litigation agents, etc. submit cases in the database as reasons for prosecution and defense, the court shall respond to them in the reasoning of the judgment.
- State organs, law schools, bar associations, professionals, scholars, lawyers, and other citizens or units can recommend reference cases to the database.
On 27 Feb. 2024, the People’s Court Cases Database (https://rmfyalk.court.gov.cn) was officially launched and made accessible to the public. It is the latest “public legal service product” established by the SPC. The database contains authoritative cases that have been reviewed by the SPC and are deemed to have reference value for similar cases, including guiding cases and reference cases.
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Contributors: CJO Staff Contributors Team
