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Opinions and Sample Drafts on Compiling and Submitting Guiding Cases (2012)

关于编写报送指导性案例体例的意见

Type of laws Judicial policy

Issuing body Supreme People's Court

Promulgating date Jan 10, 2012

Effective date Jan 10, 2012

Validity status Valid

Scope of application Nationwide

Topic(s) Case System in China China's Guiding Cases

Editor(s) Yanru Chen 陈彦茹

The Opinions and Sample Drafts on Compiling and Submitting Guiding Cases was promulgated in 2012 and entered into force on January 10, 2012.

There are 8 articles in total.

The key points are as follows:

1.The Title is composed of the parties’ names and the cause(s) of actions.

2.The Keywords generally are no more than seven.

3.The Highlights shall usually be summarized in one paragraph, briefly summarizing and distilling the important rules, ideas, or methods embodied in the Guiding Cases which may guide the trial of similar cases.

4.The Legal provisions shall list the law and the number of provisions that are most relevant to the highlights of the judgment.

5.The Facts shall accurately and concisely reflect the basic situation of the case. Targeted and detailed clarification should be given to the facts, circumstances, and legal application issues related to the highlights of the judgment.

6.The Holding shall briefly describe the proceeding and results of the litigation.

7.The Rationale shall elaborate on the correctness and fairness of the court’s ruling and focus on the main issues of the case or divergent opinions. The Rationale here can be appropriately supplemented to, but not contradict, the reasons stated in the original judgment.

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