detailed implementing rules on the “provisions of the supreme
TRANSCRIPT
Copyright 2015 by Stanford University
Detailed Implementing Rules on the
“Provisions of the Supreme People’s Court
Concerning Work on Case Guidance”
(Discussed and Passed by the Adjudication Committee of the Supreme People’s Court
on April 27, 2015 and Issued on May 13, 2015)
CHINA GUIDING CASES PROJECT
English Guiding Cases Rules
June 12, 2015 Edition*
* The citation of this document is: 《〈最高人民法院关于案例指导工作的规定〉实施细则》(Detailed
Implementing Rules on the “Provisions of the Supreme People’s Court Concerning Work on Case Guidance”),
passed by the Adjudication Committee of the Supreme People’s Court on Apr. 27, 2015, issued on and effective as
of May 13, 2015, CHINA GUIDING CASES PROJECT, English Guiding Cases Rules, June 12, 2015 Edition, available at
http://cgc.law.stanford.edu/guiding-cases-rules/20150513-english/.
This document was translated into English by Yingdi Qi, Jordan Corrente Beck, and Dr. Mei Gechlik. A
few words included in square brackets and some translators’ notes were added to make the piece more
comprehensible to readers. The following text, otherwise, is a direct translation of the original text.
2015.06.12 Edition
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2
Article 1
In order to concretely implement the Provisions of the Supreme People’s Court
Concerning Work on Case Guidance, to strengthen, standardize, and promote work on case
guidance, to [let] the guiding effect of Guiding Cases fully play its role in adjudication work, to
unify standards for the application of law, and to safeguard judicial impartiality, [the Supreme
People’s Court hereby] formulates this [set of] Detailed Implementing Rules.
Article 2
Guiding Cases should1 be cases whose rulings or judgments have already come into legal
effect, [in which] facts are clearly ascertained, law is correctly applied, and reasoning for the
adjudication is sufficient, and which [provide] good legal and social outcomes as well as
universal guiding significance for the adjudication of similar cases.
Article 3
[Each] Guiding Case is composed of [various sections], including “Title”, “Keywords”,
“Main Points of the Adjudication”, “Related Legal Rule(s)”, “Basic Facts of the Case”, “Results
of the Adjudication”, “Reasons for the Adjudication”, and notes that include the names of the
adjudication personnel [given in] the effective ruling or judgment. Specific requirements for the
style [to be used in] Guiding Cases shall be set forth separately.
Article 4
The Office for the Work on Case Guidance of the Supreme People’s Court (hereinafter
referred to as the “Case Guidance Office”) is in charge of the collection, selection, review,
release, study, and compilation of Guiding Cases, as well as the coordination and guidance of the
work on case guidance [carried out] by courts nationwide.
Each adjudication unit of the Supreme People’s Court is in charge of such work as the
recommendation and review of Guiding Cases, and [shall] designate specific personnel
responsible for the liaison work.
1 Translators’ note: though the original text reads “应当” (“should”), “must” is implied as these requirements
are not optional.
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Each Higher People’s Court is in charge of such work as the recommendation,
investigation, study, and supervision [of the use] of Guiding Cases in its jurisdiction. Candidate
Guiding Cases recommended to the Supreme People’s Court by each Higher People’s Court
should [first] be discussed and determined by the adjudication committee [of the said high court]
or examined and approved by more than half of the members of the adjudication committee.
Intermediate People’s Courts and Basic People’s Courts should recommend candidate
Guiding Cases through the Higher People’s Courts and [shall] designate specific personnel
responsible for the work on case guidance.
Article 5
Representatives of people’s congresses, members of committees of the political
consultative conference, people’s assessors, experts, scholars, lawyers, and other people from all
circles of society who care about the adjudication and enforcement work of people’s courts may
recommend cases that meet the Guiding Case requirements to the original people’s court which
rendered the effective ruling or judgment and may also make recommendations to the Case
Guidance Office.
For cases that meet the Guiding Case requirements, members of the Experts’ Committee
for the Work on Case Guidance may make recommendations to the Case Guidance Office.
Article 6
Each adjudication unit of the Supreme People’s Court and [each] Higher People’s Court
should submit the following materials when they recommend a candidate Guiding Case to the
Case Guidance Office:
(1) the Guiding Case Recommendation Form;
(2) the text of the case that is written in accordance with the prescribed style and an
explanation for the selection [of the case as a candidate Guiding Case]; and
(3) the related ruling or judgment.
Three paper copies of [each of] the above materials, along with an electronic version, are
necessary [for submission].
The recommending court may submit [other materials], including a report on the
adjudication of the case, as well as related news reports and research information.
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Article 7
For a candidate Guiding Case that the Case Guidance Office considers it necessary to
study further, [the Office] may seek opinions from relevant organs, departments, and social
organizations of the State, members of the Experts’ Committee for the Work on Case Guidance,
and [other] experts and scholars.
Article 8
Candidate Guiding Cases shall be submitted by the Case Guidance Office for
examination in accordance with [relevant] procedures. The Guiding Cases discussed and passed
by the Adjudication Committee of the Supreme People’s Court shall be printed for distribution to
each Higher People’s Court and issued in the Gazette of the Supreme People’s Court, in the
People’s Court Daily, and on the website of the Supreme People’s Court.
Article 9
Where a case being adjudicated is, in terms of the basic facts and application of law,
similar to a Guiding Case released by the Supreme People’s Court, the [deciding] people’s court
at any level should refer to the “Main Points of the Adjudication” of that relevant Guiding Case
to render its ruling or judgment.
Article 10
Where a people’s court at any level refers to a Guiding Case when adjudicating a similar
case, [it] should quote the Guiding Case as a reason for its adjudication, but not cite [the Guiding
Case] as the basis of its adjudication.
Article 11
In the process of handling a case, the personnel handling the case should inquire about
relevant Guiding Cases. Where a relevant Guiding Case is quoted in the adjudication document,
[the personnel] should, in the part [of the document where they provide] reasons for their
adjudication, quote the serial number and the “Main Points of the Adjudication” of the Guiding
Case.
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Where a public prosecution organ, a party to a case and his2 defender,
3 or a litigation
agent4 quotes a Guiding Case as a ground [for the] prosecution (litigation) or defense, the
personnel handling the case should, in [providing] the reasons for the adjudication, respond [as
to] whether [they] referred to the Guiding Case [in the course of their adjudication] and explain
their reasons [for doing so].
Article 12
Under [either] one of the following circumstances, a Guiding Case no longer has guiding
effect:
(1) [the Guiding Case] is in conflict with a new law, administrative regulation, or judicial
interpretation;
(2) [the Guiding Case] is replaced with a new Guiding Case.
2 Translators’ note: though the masculine possessive “his” is used in this translation, it is meant as a gender-
neutral term that may refer to “her” or “its”. 3 Translators’ note: the original text reads “辩护人” (“defender”). According to Article 32 of the Criminal
Procedure Law of the People’s Republic of China, a criminal suspect or defendant may retain one or two defenders.
A defender may be (1) a lawyer (“律师”); (2) a person recommended by a people’s group or the entity [where] a
criminal suspect or defendant [works] (“人民团体或者犯罪嫌疑人、被告人所在单位推荐的人”); or (3) a
guardian, relative, or friend of a criminal suspect or defendant (“犯罪嫌疑人、被告人的监护人、亲友”). A
person who is serving a criminal sentence or whose personal freedom is deprived or restricted in accordance with
law cannot serve as a defender. See 《中华人民共和国刑事诉讼法》 (Criminal Procedure Law of the People’s
Republic of China), passed on July 1, 1979, issued on July 7, 1979, effective as of Jan. 1, 1980, amended two times,
most recently on Mar. 14, 2012, effective as of Jan. 1, 2013, available at http://www.gov.cn/flfg/2012-
03/17/content_2094354.htm. 4 Translators’ note: the original text reads “诉讼代理人” (“litigation agent”). According to Article 58 of the
Civil Procedure Law of the People’s Republic of China, a party or a statutory agent (“法定代理人”) may retain one
or two persons as litigation agents. A litigation agent may be (1) a lawyer or legal service worker at the basic level
(“基层法律服务工作者”); (2) a close relative or staff member of a party; or (3) a citizen recommended by the
community [where the party resides], the entity [where the party works], or a relevant social group (“当事人所在社
区、单位以及有关社会团体推荐的公民”). See 《中华人民共和国民事诉讼法》 (Civil Procedure Law of the
People’s Republic of China), passed, issued on, and effective as of Apr. 9, 1991, amended two times, most recently
on Aug. 31, 2012, effective as of Jan. 1, 2013, available at http://www.gov.cn/flfg/2012-
09/01/content_2214662.htm.
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Article 13
The Supreme People’s Court shall establish paper archives and an electronic information
base for Guiding Cases to safeguard the reference and application, inquiry, retrieval, and
compilation of the Guiding Cases.
Article 14
People’s courts at all levels should, in accordance with [legal] provisions, including the
Judges Law of the People’s Republic of China, give rewards to those entities and individuals that
have made outstanding achievements in the work on case guidance.
Article 15
This [set of] Detailed Implementing Rules shall be implemented from the date of [its]
printing for distribution.