The Growing Significance of Cases in China: The Guiding Cases System- "Guiding Cases represent a constructive step towards judicial autonomy and transparency."
- Started in 2010, "the Guiding Cases System has the potential to move the Chinese legal system closer to the goal set in 1982 by the Constitution of the People’s Republic of China—that “[t]he people’s courts exercise adjudicative power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, social organization, or individual.”
- "The ultimate value and efficacy of the Guiding Cases System relies on continued participation from all stakeholders, including members of the bench, the bar, and academia."
- "To be certain, the term “Guiding Cases” is something of a misnomer—they are not “cases” as we know them but are, rather, decisions and cases that have been re-constituted into easily-digested adjudicative data. Chinese courts are not ultimately obligated to genuinely consider Guiding Cases in their judgments—they exist for reference, not as binding precedent—and practitioners before these courts are not obligated to cite Guiding Cases in the course of their representation.
- "[T]he Detailed Implementing Rules prohibit a Chinese court from resting a decision solely on the strength of a Guiding Case, and the present composition of the National Judicial Examination means that neophyte Chinese lawyers most likely begin the practice of law with no—or little—familiarity with the Guiding Cases regime."