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ARTICLE · 30 NOVEMBER 2015

Clash Of Civil And Common Law: Case Guidance System v. Stare Decisis

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On May 13, 2015, the highest judicial institution in China, the Supreme People's Court, issued the Detailed Rules of Implementation of the Provisions of the Supreme People's Court on Case Guidance Work...

ChinaLitigation, Mediation & Arbitration

On May 13, 2015, the highest judicial institution in China, the Supreme People's Court, issued the Detailed Rules of Implementation of the Provisions of the Supreme People's Court on Case Guidance Work ("《最高人民法院关于案例指导工作的规定》实施细则") ("Detailed Rules"). This judicial interpretation marks a significant step in improving the Case Guidance System (案例指导制度) in China's judiciary. In the past five years, ten sets of cases totaling fifty-two cases (see Appendix) have been released by the Supreme People's Court. The so-called Case Guidance System was formally established on November 26, 2010, with the issuance of the Provisions of the Supreme People's Court on Case Guidance Work ("最高人民法院关于案例指导工作的规定").

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