Sun, 29 Nov 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
China's Guiding Cases are different from case law, and in essence, belong to statutory law.
China's Guiding Cases 中国指导性案例
Sun, 15 Nov 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Guiding Case System and Similar Case Retrieval System are established to unify the application of law and restrict the discretion of judges.
Sat, 07 Nov 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
For Chinese judges, discovering similar cases is an unfamiliar and challenging task. However, the Guiding Case System(指导性案例制度) and the Similar Case Retrieving System(类案检索制度) established respectively in 2010 and 2020 have required them to face up to this task.
Sat, 24 Oct 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
China's Supreme Court issued the Implementing Rules of the Provisions on Case Guidance (《关于案例指导工作的规定》实施细则) in May 2015, which clarified the details of how the Guiding Case System works.
Sun, 11 Oct 2020 Insights Guodong Du 杜国栋 , Meng Yu 余萌
Where do China's Guiding Cases (指导性案例) come from? Provisions on Case Guidance were issued by the SPC in 2010 as a first step towards establishing the Guiding Case system.