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ARTICLE · 20 OCTOBER 2020

New Rules! Like Cases Like Verdicts

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The Supreme People's Court issued the Guiding Opinions Concerning Strengthening Searches for Similar Cases to Unify the Application of Law (Guiding Opinions)...

ChinaIntellectual Property

The Supreme People's Court issued the Guiding Opinions Concerning Strengthening Searches for Similar Cases to Unify the Application of Law (Guiding Opinions) (关于统一法律适用加强类案检索的指导意见(试行)), effective on July 31, 2020)

On 27 July 2020, the Supreme People's Court (SPC) issued the Guiding Opinions concerning Strengthening Searches for Similar Cases to Unify the Application of Law (Guiding Opinions), effective on 31 July. The Guiding Opinions are intended to resolve inconsistencies in courts' judgments. The SPC affirms the practice of judges using rules derived from prior similar cases to fill in the gaps in legislation and judicial interpretations.

Background

The Guiding Opinions are formulated to deepen the legal reforms in China to ensure uniform application of law and promote judicial justice. With the mechanism for searches for similar cases, the precedents can be referred to or considered by judges in making judgments. The SPC and some local courts have

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