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

Authenticating Documents for Use in Chinese Courts: Apostille or Not?

The 1961 Apostille Convention, effective in China as of November 2023, simplifies the authentication of foreign documents for use in Chinese courts by replacing traditional consular legalization with apostille. Note that authentication is only required for certain types of documents under Chinese law, and the apostille process applies only when the 1961 Convention is relevant.

Chinese Court Refuses to Recognize Russian Judgment Due to Due Process

In 2020, a local Chinese court in Beijing ruled against the recognition and enforcement of a Russian monetary judgment on the grounds that the party in absentia had not been properly summoned (the case of Chepetsky Mechanical Plant Joint-Stock Company (2020) Jing 04 Xie Wai Ren No. 2).

SPC Releases Guiding Cases on Minor Protection

In May 2024, China's Supreme People's Court (SPC) issued guiding cases on judicial protection for minors, addressing issues like school bullying, domestic abuse of minors, and marital guardianship.

First Thai Monetary Judgment Enforced in China, Highlighting Presumptive Reciprocity in China-ASEAN Region

In 2024, a local Chinese court in Nanning, Guangxi, ruled to recognize and enforce a Thai monetary judgment. Apart from being the first case of enforcing Thai monetary judgments in China, it is also the first publicly reported case confirming a reciprocal relationship based on “presumptive reciprocity” (Guangxi Nanning China Travel Service Co., Ltd. v. Orient Thai Airlines Co., Ltd. (2023) Gui 71 Xie Wai Ren No. 1).

China Launches People's Courts Case Database for Public

In February 2024, China's Supreme People's Court launched the People's Courts Case Database, which provides public access to authoritative case references and aims to ensure consistent application of laws. This Database is intended to complement, rather than replace, the China Judgments Online, a flagship platform of China’s open justice that has been operational since 2013.

Decoding the Turning Point: A Closer Look at China’s Recognition of Japanese Bankruptcy

This follow-up article focuses on the Chinese Court's detailed review of the Shanghai International Corporation case in 2023, highlighting the significance of reciprocity in cross-border bankruptcy proceedings and underscoring China's evolving approach to recognizing foreign judgments (See In re Shanghai International Corporation (2021) Hu 03 Xie Wai Ren No.1).

SPC Interprets International Treaties & Practices in Chinese Courts

In December 2023, China's Supreme People's Court (SPC) reaffirmed the supremacy of international treaties over domestic laws in foreign-related civil and commercial cases with its “Interpretation on Several Issues Concerning the Application of International Treaties and International Practices”(关于审理涉外民商事案件适用国际条约和国际惯例若干问题的解释).