China’s draft court law

A draft of the first comprehensive overhaul of China’s court law since 1979 (the organic/organizational law of the people’s courts) is now open for public comment (until 4 October).  A translation of the draft is available at Chinalawtranslate.com (many thanks to those who made it possible).  A translation of the current law is here and … Continue reading China’s draft court law

Chinese courts & “foreign beneficial experience”

Supreme People’s Court (SPC) President Zhou Qiang has been widely quoted for saying in January of this year that Chinese courts should strengthen ideological work and show the sword to mistaken Western ideas of “constitutional democracy”, “separation of powers” and “judicial independence.” What is not widely known outside China is that the relationship between the … Continue reading Chinese courts & “foreign beneficial experience”

Supreme People’s Court to require prior case search

In August, 2016, I wrote about how non-guiding Chinese cases are guiding the development of Chinese law.  I described what I saw as a prevalent practice in the Chinese judiciary that judges search a particular issue to see how other courts have decided a particular issue or the elements to which they have looked when … Continue reading Supreme People’s Court to require prior case search

Signals in Zhou Qiang’s 2017 NPC Report (Part 1)

Most people who have commented (outside of China) on Supreme People’s Court (SPC) President Zhou Qiang’s March, 2017 report (on 2016 work) to the National People’s Congress (NPC) didn’t have the patience to read (or listen) much beyond the initial section, which mentions the conviction of Zhou Shifeng as indicating that the courts are doing … Continue reading Signals in Zhou Qiang’s 2017 NPC Report (Part 1)

Supreme People’s Court & foreign-related disputes

Judge Zhang Yongjian, chief judge of the Supreme People’s Court (SPC)’s #4 Civil Division (responsible for foreign, Hong Kong, Macau, and Taiwan related commercial issues) previously featured on this blog, gave an interview to Legal Daily on the sidelines of the NPC meeting. This quick blogpost sets out some of the useful information from the interview: … Continue reading Supreme People’s Court & foreign-related disputes

How the Supreme People’s Court uses case law & other sources when it guides the lower courts

As my fellow blogger, Jeremy Daum and I have written, China’s guiding case system has captured the attention of the world outside of China, likely due to a combination of the special status accorded guiding cases by the Supreme People’s Court (SPC) and the impressive efforts of Stanford Law School’s China Guiding Cases Project.  One of the … Continue reading How the Supreme People’s Court uses case law & other sources when it guides the lower courts

Supreme People’s Court Gazette enters the 21st century

Recently the Supreme People’s Court (SPC) took another step in making its Gazette accessible to a mass audience, by establishing an electronic platform accessible from the Supreme People’s Court website:  www.gongbao.court.gov.cn. What benefits does the Gazette webpage have for the user? They include easy: Access to the cases published in the Gazette.  As this blog … Continue reading Supreme People’s Court Gazette enters the 21st century

The Supreme People’s Court and interpreting the law, revisited

The topic of the Supreme People’s Court and the interpretation of law is one that vexes many, legal practitioners and academics alike.  Although the Chinese constitution vests the power to interpret law with the Standing Committee of the National People’s Congress (NPC SC), the Supreme People’s Court (the Court) and the Supreme People’s Procuratorate (SPP) … Continue reading The Supreme People’s Court and interpreting the law, revisited

Case law Chinese style–where is it going?

On 6 January 2015, case law Chinese style (案例指导制度) made the headlines of the People’s Court Daily and the Supreme People’s Court’s (the Court’s) websites, because the Supreme People’s Court president, Zhou Qiang provided an introduction to a book that the Court is publishing on guiding cases. Universities such as Yale, Stanford, and the City … Continue reading Case law Chinese style–where is it going?

A model copyright infringement case–“A Bite of China”

The blogpost below was kindly provided by a former Chinese judge, Jianwei “Jerry” Fang, who practices with a New York-based law firm in Hong Kong. The Bite of China case As announced in a press conference on 30 April 2014, the Supreme People’s Court (the Court) has started to issue model cases(典型案例) on a monthly … Continue reading A model copyright infringement case–“A Bite of China”

The Supreme People’s Court’s New Petitioning Measures

In the past two weeks, the Supreme People’s Court (the Court) has taken new measures to resolve the problem of petitioning (ordinary people petitioning higher authorities concerning their grievances).  Court petitioners generally have grievances related to judgments (or the enforcement of judgments) in the lower courts.  Petitioning affects the Court itself.  The current measures are tied … Continue reading The Supreme People’s Court’s New Petitioning Measures

The Supreme People’s Court’s New Petitioning Measures

In the past two weeks, the Supreme People’s Court (the Court) has taken new measures to resolve the problem of petitioning (ordinary people petitioning higher authorities concerning their grievances).  Court petitioners generally have grievances related to judgments (or the enforcement of judgments) in the lower courts.  Petitioning affects the Court itself.  The current measures are tied … Continue reading The Supreme People’s Court’s New Petitioning Measures

Integrating socialist core values into court judgments

On 18 February 2021,  the Supreme People’s Court (SPC) issued the Guiding Opinions on Deeply Promoting the Integration of  Socialist Core Values into the Analysis and Reasoning of Adjudicative Instruments (关于深入推进社会主义核心价值观融入裁判文书释法说理的指导意见 the SCV Guiding Opinion).  This Guiding Opinion is intended to guide the way SPC  and lower court judges write their court judgments and rulings … Continue reading Integrating socialist core values into court judgments

How the Supreme People’s Court Coordinates With Other Party & State Organs

A little-discussed aspect of the work of the Supreme People’s Court (SPC) is coordinating with other Party and state organs to better serve the greater situation and resolve specific policy issues.   At some point, I will set out a fuller description of this distinctive function of the SPC and its background history, but that … Continue reading How the Supreme People’s Court Coordinates With Other Party & State Organs

Happy Niu 🐂Year!

              Happy Niu 🐂Year to all blog followers and readers! Best wishes to all for good health, success in work and study, and all else! In recent weeks I have been focusing on several longer pieces of writing and am still in “focus mode.” While most of the Supreme … Continue reading Happy Niu 🐂Year!

Partial guide to Supreme People’s Court documents

The Supreme People’s Court (SPC) issues a range of documents as part of its authority to supervise the lower courts. The significance and authority of these documents is confusing to many, both in and out of China, in the world of practice, in academia, and in government, and of course among Chinese law students and … Continue reading Partial guide to Supreme People’s Court documents

Supreme People’s Court’s new policy document on opening to the outside world

On the afternoon of 25 September, the Supreme People’s Court (SPC) issued yet another guiding opinion providing services and guarantees, this one on providing services and guarantees in support of expanding opening to the outside world  (Services & Guarantees to the Open Policy Guiding Opinions (Guiding Opinions)) (最高人民法院关于人民法院服务保障进一步扩大对外开放的指导意见). It was approved by the SPC’s Party … Continue reading Supreme People’s Court’s new policy document on opening to the outside world

Supreme People’s Court’s New Policy on Cross-border Commercial Issues and Covid-19

On 16 June, the Supreme People’s Court (SPC) held a news conference (pictured above), to announce that it had issued “Guiding Opinion on the Proper Handling of Civil Cases Involving the Novel Coronavirus Outbreak in Accordance with the Law (III)” (SPC Guiding Opinion III).” SPC Guiding Opinion focuses on the most important cross-border commercial issues … Continue reading Supreme People’s Court’s New Policy on Cross-border Commercial Issues and Covid-19

Educating Chinese Judges for New Challenges in the New Era

One of the many documents issued late last year in the rush for year-end accomplishments (成就)is the Supreme People’s Court’s (SPC’s) latest Five Year Court Training Plan Outline for 2019-2023 (New Training Plan Outline) (2019—2023年全国法院教育培训规划).  The question this blogpost will explore is what is new and what has changed in the post-19th Party Congress New … Continue reading Educating Chinese Judges for New Challenges in the New Era