China’s Guiding Cases System: A Noval Step Towards Judicial Precedents

Abstract

Guiding Cases System, initiated by the Supreme People’s Court of China, is regarded as a significant step towards openness of Chinese Judicial System. China follows the Civil Law tradition and judicial decisions are not regarded as the source of making the law and thus do not contain the effect as binding precedents, but in 2010, the SPC issued the Provisions of the Supreme People’s Court Concerning Work on Case Guidance (2010) which initiated a unique guiding cases system in China, rendering the previously decided cases as de-facto binding precedent. Furthermore, the system was further strengthened by the issuance of Detailed Implementing Rules concerning Case Guidance by the SPC. This paper investigates the role of Guiding Cases as Judicial Precedents? It further compares Guiding Cases System with Common Law’s Judicial Precedents’ System.