Provisions of the Supreme People's Court on Guiding Cases Works

Provisions of the Supreme People's Court on Guiding Cases Works

Fa Fa [2010] No.51

November 26, 2010

To summarize trial experience, unify law application, improve trial quality and safeguard judicial justice, in accordance with the "Law of the People's Republic of China on the Organization of People's Court", these Provisions are formulated to provide guidance to the trial and enforcement of cases.

Article 1 Guiding cases that play roles of guidance in the trial and enforcement going on in the courts across the country shall be determined and issued by the Supreme People's Court in a uniform manner.

Article 2 For the Purpose of these Provisions, Guiding cases mean those cases that meet the following criteria upon which the judgments have already taken legal effect:
(1) Having attracted substantial concern from general public;
(2) Laws and regulations are of principle nature;
(3) Being of typical nature;
(4) Difficult and complicated or of new types;
(5) Other cases that play guidance roles.

Article 3 The Supreme People's Court shall set up a Guiding Cases Office, which shall be responsible for identification, review and approval of guiding cases.

Article 4 With regard to judgments made by this court and local people's courts of all levels that have already taken legal effect, if the Supreme People's Court deems that any of the above-mentioned judgments conform to the provisions of Article 2 of these Provisions, the Supreme People's Court may recommend the same to the Guiding Cases Office.
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