On 7 May 2024, the Supreme People’s Court (SPC) issued the Work Procedures for the Building and Operation of the Case Database of the People’s Courts (the Procedures), commencing operation on 8 May 2024. This critical document primarily stipulates the procedures for the inclusion of reference cases in the Case Database of the People’s Courts (the Database), the retrieval and use of stored cases, and the dynamic adjustment of reference cases. The Procedures aim to standardize the management and use of legal case references, promote the correct and unified application of laws, deepen the governance of case sources, and enhance judicial fairness and efficiency.
Process for Inclusion of Reference Cases into the Database
According to the Procedures, intermediate and basic-level courts are required to promptly compile cases that have obtained legal effect and meet the inclusion criteria, formatting them as required and reporting them to the higher courts. The higher courts are tasked with collecting, selecting, and reviewing cases from their jurisdiction, and forwarding those that meet the inclusion criteria to the SPC for final review.
The SPC also reserves the right to independently collect and compile cases. Additionally, state organs, law schools, bar associations, experts, lawyers, and other citizens are encouraged to recommend cases for inclusion in the database.
Retrieval and Use of Stored Cases
The Procedures mandate that when adjudicating cases, courts at all levels must search the Database, strictly adhere to laws, judicial interpretations, and normative documents, and reference similar cases included in the Database for their judgments. If the Database lacks a similar case and the case at hand involves complex or difficult legal issues, the court may request further guidance or escalate the case to a higher jurisdiction. If the case continues to be handled by the same court, it should be submitted to the judicial committee for discussion and a decision.
When courts at all levels find that there are similar cases in the Database but believe that the case being adjudicated has special circumstances making the referenced cases inappropriate to follow, they are required to submit the case to the judicial committee for discussion and decision.
The Procedures also state that when courts at all levels refer to similar cases stored in the Database during case deliberations, they may use the reasoning and main points of those similar cases as considerations and reasoning for the current case, but not as the basis for the judgment. When the prosecution, parties, their defenders, and legal representatives submit cases from the database as reasons for prosecution or defense, the court should address these in the reasoning section of the judicial documents.
Dynamic Adjustment of Reference Cases
The Procedures establish a mechanism for the continuous review and adjustment of cases within the Database, allowing for the removal or modification of cases if changes in legal standards or errors in the original rulings necessitate such actions.
Comment
This document significantly enhances the practical application of the case database in daily judicial operations. It compels courts to consult the database to locate precedents relevant to the cases they are handling. This systematic approach helps maintain consistency in legal reasoning across the judiciary. The Procedures specify actions for courts to take if the database does not contain a case similar to the one being adjudicated or if the case involves particularly complex legal issues. Further, when courts find a relevant case but deem it inappropriate due to specific circumstances, they must engage in discussions to determine the proper course of action. This process not only reinforces adherence to established legal precedents but also facilitates the evolution of judicial practice by integrating new and unique cases into the system, thereby continuously refining and updating legal standards.