China’s Promotion of Case-Based Legal Reasoning in the BRICS

*This is the 45th issue of SINOTALKS® In Brief, which was launched in December 2021.  Select impactful articles from this and other series published by SINOTALKS® are now grouped under six categories: Artificial Intelligence & Data, Dispute Resolution & Related Reforms, Environment & Food Security, Finance & Capital Markets, Intellectual Property, and International Development & Relations.  If you find this categorization helpful or have other suggestions, please let us know (contact@sinotalks.com).  Thank you. 

**This issue of SINOTALKS® In Brief discusses an important topic closely related to Guiding Cases—the focus of Stanford Law School’s China Guiding Cases Project, which I founded in 2011 and led until 2021.  I want to thank the law school for continuing to make the project’s bilingual journal, China Law Connect, available to the world.  The journal contains key primary sources and secondary sources contributed by U.S. and Chinese judges, among many other contributors.

In 2018, I, together with two managing editors of Stanford Law School’s China Guiding Cases Project, co-authored an article titled Propagation of a Case Culture in China and Potentially Beyond (China Law Connect, Issue 2 (Sept. 2018)).  The article refers to the July 2018 Belt and Road Forum for Legal Cooperation, at which Chinese Foreign Minister WANG Yi gave an important speech.  He said:

We believe rules and rule of law are essential for [the Belt and Road Initiative] to develop in the world. They are also the safety valve against uncertainties and challenges. [emphasis added]

Welcoming this statement, my co-authors and I firmly believed that Foreign Minister Wang’s appeal would work more effectively outside China if the country, which has not been known for having a strong tradition of applying case-based legal reasoning, could demonstrate “[its commitment] to the rule of law at home by, for example, showing the uniform application of law in judicial cases”.  We proceeded to analyze how 96 Guiding Cases, de facto binding cases released by China’s Supreme People’s Court available at the time, had been referenced in 1,281 subsequent cases decided by courts across the country.  In our article, we drew this conclusion:

[T]he preliminary success of [Guiding Cases] seems to have provided fertile ground for the propagation of a case culture in China and, given the country’s eagerness to increase its presence around the world, this culture may have a chance to be propagated elsewhere. [emphasis added]

Just such an opportunity for China to propagate a culture of applying case-based legal reasoning in the BRICS arose in mid-June, when the BRICS Chief Justices Forum was held.  Among other topics, participants discussed “ways to ensure the uniformity of judicial practice” and “judicial protection for the rights of citizens and investors”. 

China & the BRICS Chief Justices Forum

At the BRICS Chief Justices Forum, ZHANG Jun, President of China’s Supreme People’s Court, delivered a speech titled Improving the Mechanism for Unifying the Application of Law to Safeguard Judicial Impartiality and Efficiency.  He shared China’s experiences, with a focus on Guiding Cases and the Case Database of the People’s Courts (人民法院案例库; “Case Database”), which I discussed a few months ago, when the establishment of the public database was first announced. 

Designed to help judges and lawyers efficiently identify prior cases similar to pending disputes they are handling, the Case Database is now in operation.  Apart from Guiding Cases (now, 229 in total), the Case Database also contains a few thousand “Reference Cases” (参考案例), which are cases with exemplary value selected by the Supreme People’s Court through a rigorous process engaging judges, other legal experts, and the general public.  The selection process of Reference Cases as well as their application are stated in the Procedures for the Construction and Operation of the Case Database of the People’s Courts (effective as of May 8, 2024; “Case Database Rules”), while Guiding Cases continue to be regulated by a separate set of rules issued years ago.

In his speech presented at the BRICS Chief Justices Forum, President Zhang explained that the Case Database helps accomplish a few important goals, including “providing guidance for judges in handling cases”, “providing materials for the public to learn about the law”, and “providing more information for the international community to understand China’s judicial system”. 

China’s Case Database & the BRICS

Other members of the BRICS will likely find China’s Case Database valuable for three major reasons. […]

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China & Foreign-Related Lawsuits (In partnership with BCI & BIMC)

China’s growing interactions with other countries in the world have led to more foreign-related lawsuits in Chinese courts.  For example, according to the Supreme People’s Court, in 2023, courts across the country finished adjudicating 24,000 foreign-related civil and commercial cases, a year-on-year increase of 3.6%.

Many foreign-related lawsuits require Chinese courts to have a clear understanding of foreign legislation and cases.  An important source from which these courts seek support is the Benchmark Chambers International & Benchmark International Mediation Center, whose services are recognized by the International Commercial Court of the Supreme People’s Court of China. 

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BCI & BIMC’s commitment to provide top-notch legal services has won the recognition of the International Commercial Court of the Supreme People’s Court of China.  It has also been entrusted by courts across China to support their adjudication responsibilities by providing legal investigation services.  In addition, by leveraging its team’s extensive experience in multiple common-law and civil-law countries, BCI & BIMC can fully understand its global clients’ legal needs and conduct seamless communications to provide excellent services efficiently and cost-effectively.

Please contact BCI & BIMC to find out how it serves as a reliable partner to enterprises or individuals to help their business thrive globally. 

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For more information about SINOTALKS® Partners, please visit this page.

SinoExpress™

A key lesson from the failure of Prime Minister Modi’s Bharatiya Janata Party (“BJP”) to secure a majority in the lower house of India’s parliament and to sustain its popularity in traditionally pro-BJP states is the pressing need to solve the issue of economic inequality in India. Mr. Modi faces mounting pressure to deliver during his third term as India’s Prime Minister a strong economic performance to those who have not yet benefited from India’s progress. Similar challenges are being faced by Chinese leaders, who are rolling out new measures aimed at supporting the “accelerated rise” of Central China. Given India’s growing competition with China, how China plans to accomplish this goal should be of significant interest to India and its allies.

China & the World: Economic Outlook (In partnership with PW & Partners Law Firm)

• Referring to the International Monetary Fund’s forecasts, Bloomberg reports that “China will be the top contributor to global growth over the next five years, with its share bigger than all Group of Seven countries combined”.
• Within China, Guangdong Province takes the lead, with its GDP growing 4.8 percent year-on-year to reach USD1.89 trillion in 2023.  The province just adopted a new policy to give eligible foreign investment enterprises rewards of up to RMB 150 million.

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Feel confused about where China-related opportunities and risks are and what strategic actions should be taken?  Contact SINOTALKS® here to seek Dr. Mei Gechlik’s advice.