Selection of court precedents guided
The Judicial Council of the Supreme People’s Court on October 28 issued a Resolution on the selection, publicization and application of court precedents.
According to Resolution No. 03/2015/NQ-HDTP, a court precedent means arguments and verdicts in a legally effective judgment or decision of the court with regard to a specific case or matter, as selected by the Judicial Council of the Supreme People’s Court and pronounced by the Chief Justice of the Supreme People’s Court, for courts of lower levels to apply in trial.
To be selected as a court precedent, a court judgment or decision must contain arguments to clarify ambiguous provision(s) of law which may be understood in different ways; analyze and explain legal matters or events and point out principles and guidelines or legal norms for settling these matters.
In addition, a court judgment or decision must be of standard quality and precedential value in guiding trial and ensuring the uniform application of law.
Agencies, organizations and individuals may propose the selection of legally effective judgments and decisions to the Supreme People’s Court for development into court precedents. The court precedents will be reviewed on a biannual basis, and will be publicized once selected.
The new regulations will take effect from December 16, 2015.