Rules for the Implementation of the Provisions on Case Guidance issued by the Supreme People’s Court has been come into force

The Supreme People’s Court has issued “Rules for the Implementation of the Provisions on Case Guidance” (FA [2015] No. 130, hereinafter referred to “No. 130”) on 13th May 2015. No. 130 is the symbol that the guiding cases of the Supreme People’s Court become the “quasi-precedent”. The main content of No. 130 includes as follows:

Key points of judgement of the guiding cases shall be applied. According to Article 9 of “No.130”, while a court is hearing a case, which is similar as the guiding cases on the basic facts and the applied laws, the court shall make the judgement refer to those key points of judgement.

“The Provisions on Case Guidance” has prescribed that the guiding cases shall be referred to, but it fails to define whether the guiding cases could be used as the criterion of judgment. “No.130” has clarified that the guiding cases could be used as the reason of judgement, other than the criterion of judgment.

“No.130” has specified the quotation rules of guiding cases. While quote the relevant guiding cases in a judgement, the number and key points of judgement shall be quoted in the reason of judgement. In addition, while the procuratorate departments, the parties and their advocates or agents quote the guiding cases as the reason for claiming or defending, the judges shall explain the reason for whether such guiding cases have been referred to in the reason of the judgement.