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ARTICLE · 10 DECEMBER 2013

SPC orders courts to publish judgments online

While Chinese judgments are technically public, until now there has been no public database to search judgments.

ChinaLitigation, Mediation & Arbitration

China's is a civil law system, and one important consequence is that decisions made by one Chinese court are not binding on other Chinese courts. Nonetheless, precedent can be a strong factor when arguing cases, especially so in a society where courts want to avoid being proved wrong. One major challenge for lawyers, so far, has been to find relevant precedent cases. While technically public, there has been no public database to search judgments. This has also made it more difficult to critique courts for judgments where the legal basis is not so strong.

The Provisions on People's Courts Release of Judgments on the Internet, issued by the Supreme People's Court on 21 November 2013, promises to change this as of 1 January 2013. Replacing earlier rules that were clearly not very effective, the Provisions instruct all courts to appoint special organizations to which they should pass their judgments within 7 days from their becoming effective. These organizations are then

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