Kuvaus
Professor Liu described judges making law as an inevitable trend in China, which arises from the abstractness of the provisions of laws, the imperative to maintain consistency in judicial decisions, and the vertical control exercised by the Supreme People’s Court (SPC) over lower courts.Professor Liu elaborated that the SPC can select, edit, and re-write its judgments and cases from lower levels and publish them as guiding cases. The SPC Judicial Committee approves all guiding cases and adopts a defined structure and style. People’s courts of all levels should canzhao [参照,] guiding cases when deciding similar cases. He emphasized that this entails that the people’s courts should consider and follow these guiding cases. However, guiding cases function differently from precedents in common law systems. While the people’s courts may cite guiding cases in the legal reasoning section of judgment, only a guiding case's essential points/rules section should be canzhaoed. The application of guiding cases is increasing, yet judges frequently refrain from expressly citing them within their judgments.
In addition, cases and SPC judgments published in the SPC Gazette, although lacking legal binding, can influence judicial practice. The extent of this influence varies depending on specific circumstances. Not only the cases published in the SPC Gazette but judgments decided by higher-level or specialized courts also carry weight. These cases may assume special significance within a field of law. For instance, an earlier decision of a High People’s Court may directly impact the decision of an Intermediate People’s Court below, or a decision of a specialized court may be viewed as persuasive authority on legal issues falling within its area of expertise.
| Aikajakso | 26 syysk. 2023 |
|---|---|
| Tapahtuman tyyppi | Seminaari |
| Sijainti | SuomiNäytä kartalla |
| Vaikuttavuus / laajuus | Kansainvälinen |