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China has opened the door for case law

18 December 2013 

On 20 December 2011, the PRC Supreme People's Court publicized first batch of guiding cases which includes two civil cases and two criminal cases. According to Provisions on Guiding Case Matters promulgated by the Supreme People's Court on 26 November 2010, China's courts at all levels should refer to the guiding cases when similar cases are to be tried.
We are of the view that the publication of these guiding cases indicates an important development of China's judicial system. Now, when a court renders a judgment, it shall not only refer to statute laws enacted by legislative bodies and judicial interpretations issued by the Supreme People's Court, but also refer to the guiding cases as published by the Supreme People's Court. This move means China has opened the door for "case law".







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Disclaimer
Any legal information contained in this newsletter is general in nature and laws and regulations are changing from time to time and compliance will always depend upon the particular circumstances. We have not attempted to give exhaustive descriptions of law or to give a legal opinion on specific legal issues. You should not rely on this newsletter as a legal advice for any particular purpose.

 

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