Supreme People's Court Guidelines on Applying Precedent in Adjudication

13:09, 11/07/2024

The Supreme People's Court has just issued Official Dispatch 146/TANDTC-PC providing guidance on citing and applying precedents in adjudication.

When adjudicating or resolving cases that have case law, Judges and Jurors must study the case law to decide whether to cite, apply that case law or not.

- In cases where case law is applied, the case law number, the judgment, or the court decision containing the case law, similar facts, and legal issues in the case law must be cited and analyzed in the “Court’s Opinions” section.- In cases where case law is not applied because Judges and Jurors find that its application is no longer appropriate, but the parties, the defense attorneys still request its application, the reasons for not applying that case law must be clearly stated in the court’s judgment or decision.

For more examples, see Official Dispatch 146/TANDTC-PC issued on July 11, 2017.

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