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The
Regulations on the Construction and Operation of the
People's Court Case Database came into effect on May
8, 2024. According to this regulation,
Article
19: When trying cases, people's courts at all levels
shall search the case database of people's courts,
strictly follow laws, judicial interpretations,
normative documents, and make judgments based on
similar cases stored in the database.
Article
20: When people's courts at all levels try cases
find through search that similar cases are not
included in the case database of the people's court,
and the legal application issues related to the case
being tried are difficult and complex, they may
submit a request for relevant legal application
issues or apply for higher jurisdiction; If the
trial is to be continued by this court, it shall be
submitted to the judicial committee for discussion
and decision.
When
people's courts at all levels try cases find similar
cases in the case database of the people's court
through search, if they believe that the case being
tried has special circumstances and is not suitable
to refer to the stored cases, they should submit it
to the trial committee for discussion and decision.
If the
cases mentioned in the first two paragraphs have
reference and exemplary value for similar cases, the
people's court that makes an effective judgment
shall prepare the case within 30 days after the
judgment is made and store it in accordance with the
procedures stipulated in Chapter 2 of these
regulations.
Article
21: When trying cases, people's courts at all levels
may refer to similar cases and use the reasons and
main points of similar cases as considerations and
references for this case's judgment, but not as a
basis for judgment.
If the
public prosecution, parties and their defense
counsel, litigation agents, etc. submit a case to be
filed as a defense for prosecution, the people's
court shall respond in the reasoning of the judgment
document.
Article
22: People's courts at all levels shall include the
situation of making judgments based on reference to
stored cases as the content of case quality
evaluation. "
It can be believed that the arbitrariness and
unpredictability of future court rulings will be
greatly reduced, reducing the situation of
"different judgments in the same case" and promoting
the correct and unified application of the law.
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