The Implementing Rules of the Provisions on Case Guidance was promulgated in 2015 and entered into force on May 13, 2015, which further clarified the details of how the Guiding Case System works.
There are 15 articles in total.
The key points are as follows:
1.What are Guiding Cases like?
Guiding Cases are composed of Titles, Keywords, Highlights, Legal provisions, Facts, Holding, and Rationale, accompanied by notes including the judges’ names.
2.How to Apply the Guiding Cases
(1) Comparing the facts and referring to the highlights of the judgments
When a pending case is similar to a certain Guiding Case in terms of basic facts and legal application, the court shall render the ruling by reference to the judgment’s Highlights of this Guiding case.
(2) Guiding Cases shall not be used as legal basis
When courts refer to Guiding Cases to hear similar cases, they shall quote the Guiding Cases as the rationale but not as a legal basis.
(3) Judges shall quote the highlights of the judgments
If judges intend to cite relevant Guiding Cases in the judicial documents, they shall clearly cite the number and Highlights of the Guiding Cases in the section of the rationale of judgment.
3.The Exit Mechanism of the Guiding Cases
Where a Guiding Case encounters one of the following circumstances, it will be abolished and no longer have the guiding function: (1) it conflicts with a new law, administrative regulation, or a judicial interpretation; or (2) it is replaced by a new guiding case.