sign in sign up
<<
Home , Binzhou, Cangnan County, Changde, Chang Liyi, Dangshan County, Deng Fa

Guiding Cases SurveysTM 指导性案例 调查 TM

Dr. Mei Gechlik Founder and Director, Guiding Cases Project

Minmin Associate Managing Editor, China Guiding Cases Project

Liyi Ye Editor, China Guiding Cases Project

Cumulative Analysis of All Subsequent Cases Referring to Guiding Cases in China (2014 Q1 -2015 Q4)

Issue No. 2 (January 2016)*

* The citation of this survey is: Mei Gechlik, Minmin Zhang, and Liyi Ye, Cumulative Analysis of All Subsequent Cases Referring to Guiding Cases in China (2014 Q1 -2015 Q4) , STANFORD LAW SCHOOL CHINA GUIDING CASES PROJECT , Guiding Cases Surveys ™, Issue No. 2, Jan. 2016, http://cgc.law.stanford.edu/guiding - cases -surveys/. The authors thank Jordan Corrente Beck for providing editorial assistance. This piece was inspired by discussion of related topics included in the book chapter: Mei Gechlik, DAI Di, Jordan Corrente Beck et al., Open Judiciary in a Closed Society: A Paradox in China , in ACHIEVING OPEN JUSTICE THROUGH CITIZEN PARTICIPATION AND TRANSPARENCY (forthcoming Dec. 2016). A complete table of subsequent cases that refer to Guiding Cases is appended as Annex 1. Guiding Cases SurveysTM is a publication of empirical data collected by the China Guiding Cases Project through its first -hand surveys of Chinese legal actors and analyses of subsequent cases referring to the Guiding Cases to illustrate how Guiding Cases are perceived and used.

Copyright 2016 by Stanford University 2

Final Edition

Table of Contents

I. Introduction ...... 3

II. Number of Subsequent Cases Referring to Guiding Cases ...... 5

III. Types of Subsequent Cases ...... 8

IV. Time Elapsed Between Date of Adjudication and Date of Release ...... 12

V. References to Guiding Cases by Lawyers and Judges ...... 13

Copyright 2016 by Stanford University 3

Final Edition

I. Introduction

On May 13, 2015, the Supreme People’s Court of China (“SPC”) issued the Detailed Implementing Rules on the “Provisions of the Supreme People’s Court Concerning Work on Case Guidance” (the “Detailed Implementing Rules ”).1 Article 1 of the Detailed Implementing Rules sets forth the purpose of the guidance it contains, and, in the process, reiterates the core tenets behind the system 2 for the selection and re -issuance of certain Chinese court judgments as Guiding Cases (“GCs”) established by the Provisions of the Supreme People’s Court Concerning Work on Case Guidance (the “Provisions ”).3 Article 1 states: In order to concretely implement the Provisions of the Supreme People’s Court Concerning Work on Case Guidance , to strengthen, standardize, and promote work on case guidance, to [let] the guiding effect of Guiding Cases fully play its role in adjudication work, to unify standards for the application of law, and to safeguard judicial impartiality , [the Supreme People’s Court hereby] formulates this [set of] Detailed Implementing Rules. (emphasis added).

By repeating expressions used in the Preamble of the “Provisions” —namely, “unify the application of law” and “safeguard judicial impartiality” —the SPC emphasizes that judges’ reference to GCs is meant to accomplish these two goals. The SPC then clarifies how judges “should refer to” GCs when they adjudicate similar cases, a requirement first stated in Article 7 of the Provisions . In Article 9 of the Detailed Implementing Rules , the SPC explains: Where a case being adjudicated is, in terms of the basic facts and application of law, similar to a Guiding Case released by the Supreme People’s Court, the [deciding] people’s court at any level should refer to the “Main Points of the Adjudication” of that relevant Guiding Case to render its ruling or judgment.

1 《〈最高人民法院关于案例指导工作的规定〉实施细则》 (Detailed Implementing Rules on the “Provisions of the Supreme People’s Court Concerning Work on Case Guidance” ), passed by the Adjudication Committee of the Supreme People’s Court on Apr. 27, 2015, issued on and effective as of May 13, 2015 , STANFORD LAW SCHOOL CHINA GUIDING CASES PROJECT , English Guiding Cases Rules, June 12, 2015 Edition , http://cgc.law.stanford.edu/guiding -cases -rules/20150513 -english/. 2 This system has been officially named “ 案 例 指 导 制 度 ” (literally translated as “case guidance system”). The term “ 案例指导制度 ” could lead to confusion, as it has been used for many years to refer to any case system that has guiding significance. See 王立峰 (WANG Lifeng), 中国案例指导制度的必要性和功能 (The Necessity and Function of China’s Guiding Cases System ), 斯坦福法学院中国指导性案例项目 (STANFORD LAW SCHOOL CHINA GUIDING CASES PROJECT ), Oct. 15, 2013 , http://cgc.law.stanford.edu/commentary/9 -professor -wang . 3 《最高人民法院关于案例指导工作的规定》 (Provisions of the Supreme People’s Court Concerning Work on Case Guidance ), Article 7, passed by the Adjudication Committee of the Supreme People’s Court on Nov. 15, 2010, issued on and effective as of Nov. 26, 2010, STANFORD LAW SCHOOL CHINA GUIDING CASES PROJECT , English Guiding Cases Rules, June 12, 2015 Edition, http://cgc.law.stanford.edu/guiding -cases -rules/20101126 - english/.

Copyright 2016 by Stanford University 4

Final Edition

The “Main Points of the Adjudication” is one of the six sections in each GC. All GCs are summaries of the full -text judgments or rulings originally rendered by courts of various levels and from different regions of China. In the “Main Points of the Adjudication”, the SPC summarizes the legal principles upon which the adjudication was based into one or a few short paragraphs,4 in the hopes of providing clear guidance to judges in China, many of whom would otherwise have difficulty deriving these principles from the original judgments because they have received little or no training on how to use cases in this way.5

The SPC continues to explain how to refer to GCs in Article 10 of the Detailed Implementing Rules , which provides: Where a people’s court at any level refers to a Guiding Case when adjudicating a similar case, [it] should quote the Guiding Case as a reason for their adjudication, but not cite it as the basis of their adjudication.

The emphasis placed on quoting the GC as a reason for the adjudication is welcome, as Chinese judges’ discussion of their reasoning has been known to be rather limited in many cases. The assertion that GCs cannot be cited as the basis of the adjudication shows the SPC’s careful avoidance of being seen to make drastic changes to the Chinese legal system, which only allows legislation and the SPC’s judicial interpretations 6 to be cited as the basis of an adjudication.

Along with the requirement to quote GCs in similar, subsequent cases, the SPC vows in Article 13 of the Detailed Implementing Rules to “establish archives and an electronic information base for Guiding Cases” so as to “safeguard the reference and application, inquiry, retrieval, and compilation of the Guiding Cases”. This provision is in line with the Provisions of the Supreme People’s Court on the Publication of Adjudication Documents on the Internet by People’s Courts ,7 Article 4 of which requires the publication of all adjudication documents on

4 For detailed analysis of the first 52 Guiding Cases, see Mei Gechlik, Analytics of 52 Guiding Cases Selected by the Supreme People’s Court of the People's Republic of China , STANFORD LAW SCHOOL CHINA GUIDING CASES PROJECT , Guiding Cases Analytics ™, Issue No. 4, May 2015, http://cgc.law.stanford.edu/guiding -cases - analytics/. 5 Interview by Mei Gechlik with judges (anonymous) of the Supreme People’s Court, in , China (Nov. 21, 2014). The judges interviewed are in charge of preparing Guiding Cases for publication; at their request, they remain anonymous. 6 With respect to the legal status of judicial interpretations, see 《关于加强法律解释工作的决议》 (Resolution on Strengthening Work on Legal Interpretation ), Paragraph 2, passed by the Standing Committee of the National People’s Congress, issued on, and effective as of June 10, 1981, http://www.npc.gov.cn/wxzl/gongbao/2000 -12/06/content_5004401.htm. 7 《最高人民法院关于人民法院在互联网公布裁判文书的规定》 (Provisions of the Supreme People’s Court on the Publication of Adjudication Documents on the Internet by People’s Courts ), passed by the Adjudication Committee of the Supreme People’s Court on Nov . 13 , 201 3, issued on Nov. 21, 2013, effective as of Jan. 1, 2014, http://www.chinacourt.org/law/detail/2013/11/id/147242.shtml.

Copyright 2016 by Stanford University 5

Final Edition the Internet unless they are withheld due to exceptional circumstances, such as where the underlying cases “involve state secrets or personal privacy”, “involve the commission of crimes by minors”, or have been “settled by mediation”. Referred by ZHOU Qiang, President of the SPC, as the “openness is the rule, non -openness is the exception” principle,8 this new approach not only reversed the past practice of holding back judgments or rulings unless they were selected for publication, but also led to the launch of the “China Judgements [sic] Online” website (“ 中国裁判文书网 ”; http://www.court.gov.cn/zgcpwsw/) (“CJO website”) in July 2013. As reported by the website, it has published approximately 15 million judgments or rulings rendered by courts of different levels in China to date.

The availability of essentially all judgments and rulings presents an unprecedented opportunity for conducting empirical analysis of court decisions in China. This marks a new stage of Chinese legal research, expanding the tools of researchers who, until recently, had largely been confined to interviews and questionnaires in their effort to reveal Chinese law in practice.9 With respect to GCs, the SPC has issued 56 GCs since 2011,10 but how they are used in subsequent cases (“SCs”) is little known. The China Guiding Cases Project (“CGCP”) of Stanford Law School fills this gap by committing the project to tracking, through the official CJO website, all SCs that explicitly refer to the GCs and conducting cumulative analysis of these SCs on a regular basis. This piece represents the beginning of this ambitious and continuous study.

II. Number of Subsequent Cases Referring to Guiding Cases

By the end of 2015, 181 SCs that explicitly refer to GCs have been published on the CJO website. Table 1 catalogues the number of these SCs that reference each listed GC and its case type. Guiding Case Nos. 46-56 are not included in the table because no SCs were found to refer to these GCs, likely due to the recentness of their release.

Table 1. Subsequent Cases that Explicitly Reference Guiding Case Nos. 1 -45

GC Expl. Case Name (translated by the CGCP) Case Type No. Ref. An Intermediation Contract 1 Centaline Property Consultants Limited v. TAO Dehua 6 Dispute

8 See 杨成、张雨、王泽 (YANG Cheng, ZHANG Yu & WANG Ze), 周强：以司法公开促进公正，公开 是原则不公开是例外 (ZHOU Qiang: Promoting Impartiality by Judicial Openness: Openness is the Rule, Non - Openness is the Exception ), 《 人 民 日 报 》 (PEOPLE ’S DAILY ), July 4, 2013, http://legal.people.com.cn/n/2013/0704/c42510 -22083161.html . 9 See, e.g. , Mei Gechlik, Dimitri Philips & Oma Lee, Survey of Judges in China (2013 -2014) , STANFORD LAW SCHOOL CHINA GUIDING CASES PROJECT , Guiding Cases Surveys ™, Issue No. 1, Aug. 2014, http://cgc.law.stanford.edu/guiding -cases -surveys/. 10 The Chinese text of all 56 Guiding Cases, together with the CGCP’s English translations of the first 52 Guiding Cases, are available on the CGCP website (http://cgc.law.stanford.edu/).

Copyright 2016 by Stanford University 6

Final Edition

GC Expl. Case Name (translated by the CGCP) Case Type No. Ref. A Sale and Purchase Contract 2 Mei v. Xicheng Paper Co., Ltd. of Province 3 Dispute 3 PAN Yumei and Ning A Bribe -Accepting Case 0 4 WANG Zhicai An Intentional Homicide Case 0 Luwei () Salt Industry Import and Export Co., Ltd. Branch v. The Salt A Salt Industry Administrative 5 11 Administration Bureau of Suzhou Municipality, Province Penalty Case HUANG Zefu, HE Boqiong, and HE Yi v. The Jintang Administration for Industry and 6 An Administrative Penalty Case 2 Commerce of Municipality, Sichuan Province Mudanjiang Municipality Hongge Construction and Installation Co., Ltd. v. Mudanjiang A Construction Project Contract 7 0 Municipality Hualong Real Estate Development Co., Ltd. and ZHANG Jizeng Dispute 8 LIN Fangqing v. Kailai Industry Co., Ltd. and DAI Xiaoming A Corporate Dissolution Dispute 8 A Sale and Purchase Contract 9 Shanghai Cunliang Trading Co., Ltd. v. JIANG Zhidong, WANG Weiming et al. 18 Dispute A Corporate Resolution 10 LI Jianjun v. Shanghai Jiapower Environment Protection Science and Technology Co., Ltd. 3 Revocation Dispute 11 YANG Yanhu et al. A Graft Case 1

12 LI Fei An Intentional Homicide Case 0 An Illegal Trading and Storage of 13 WANG Zhaocheng et al. 1 Hazardous Substances Case 14 A certain DONG and a certain SONG A Robbery Case 4 XCMG Construction Machinery Co., Ltd. v. Chengdu Chuanjiao Industry and Trade Co., A Sale and Purchase Contract 15 21 Ltd. et al. Dispute A Case of an Application for the Establishment of a Limitation of 16 China Shipping Development Co., Ltd. Tramp Company 0 Liability Fund for Maritime Claims A Sale and Purchase Contract 17 ZHANG Li v. Beijing Heli Huatong Automobile Service Co., Ltd. 2 Dispute 18 ZTE () Company Limited v. WANG Peng A Labor Contract Dispute 0 Chunming et al. v. The Automobile Transport Company of Fushan , A Motor Vehicle Traffic Accident 19 10 Municipality, Deping, et al. Liability Dispute Siruiman Fine Chemicals Co., Ltd. v. Shenzhen Kengzi Water Supply Co., Ltd. An Invention Patent 20 0 And Shenzhen Kangtailan Water Treatment Equipment Co., Ltd. Infringement Dispute Qiushi Real Estate Development Limited Liability Company v. The Civil A Civil Defense Administrative 21 1 Air Defense Office of Municipality Levy Case A Case About a Reply to Recover 22 WEI Yonggao and CHEN Shouzhi v. The People's Government of 'an County 4 Land -Use Rights A Sale and Purchase Contract 23 SUN Yinshan v. Auchan Hypermarket Co., Ltd. Jiangning Store 3 Dispute A Motor Vehicle Traffic Accident 24 RONG Baoying v. WANG Yang and Alltrust Insurance Co., Ltd. Branch 76 Liability Dispute Huatai Property & Casualty Insurance Co., Ltd. Beijing Branch v. LI Zhigui and An Insurer’s Subrogation Right 25 Subbranch of Tianan Property Insurance Company Limited of China 1 Dispute Provincial Branch A Case About Open Government 26 LI Jianxiong v. Department of Transport of Province 1 Information 27 ZANG Jinquan et al. A Theft and Fraud Case 0 A Case of a Refusal to Pay 28 HU Kejin 0 Remuneration A Dispute over an Unauthorized 29 China Youth Travel Service v. Tianjin Guoqing International Travel Agency 0 Use of Another Enterprise’s

Copyright 2016 by Stanford University 7

Final Edition

GC Expl. Case Name (translated by the CGCP) Case Type No. Ref. Name LAN Jianjun and Hangzhou Suremoov Automotive Technology Company Limited v. A Trademark Infringement and 30 0 Tianjin Xiaomuzhi Automobile Maintenance and Repair Services Co., Ltd. et al. Unfair Competition Dispute A Ship Collision Damages 31 Jiangsu Weilun Shipping Co., Ltd. v. Miranda Rose Limited 0 Dispute 32 A certain ZHANG and a certain A Dangerous Driving Case 0 A Dispute over Contracts 33 Cargill International S.A. v. Fujian Jinshi Vegetable Oil Producing Co., Limited et al. 0 Affirmed to be Invalid Application by LI Xiaoling and LI Pengyu for Enforcement against Marine An Enforcement Reconsideration 34 2 Industry (Group) Co., Ltd. and Xiamen Marine Industry Controlling Corporation Case Guangdong Longzheng Investment Development Co., Ltd. and Guangdong Jingmao An Enforcement Reconsideration 35 0 Auction Co., Ltd. Case on an Entrusted Auction An Enforcement Reconsideration 36 Zhongtou Credit Guarantee Co., Ltd. and Haitong Securities Co., Ltd. et al. Case on a Dispute over the 0 Rights and Interests in Securities An Enforcement Reconsideration 37 Shanghai Jwell Machinery Co., Ltd. and Retech Aktiengesellschaft, Switzerland 0 Case on an Arbitral Award A Case of a Refusal to Award a 38 TIAN Yong v. The University of Science and Technology Beijing Graduation Certificate and a 0 Degree Certificate A Case of a Refusal to Confer a 39 HE Xiaoqiang v. Huazhong University of Science and Technology 0 Degree A Work -Related Injuries 40 SUN Lixing v. The Labor and Personnel Bureau of Tianjin New Technology Industrial Park 0 Determination Case XUAN Yicheng et al. v. Bureau of Land and Resources of Municipality, A Case of a Recovery of the 41 2 Province Rights to Use State -Owned Land A Case of an Application for 42 ZHU Hongwei Compensation for Arrest without 0 a Finding of Guilt A Case of an Application for Binhai Avenue (Tianfu Hotel) Securities Business Department of Guotai Junan 43 Compensation for Erroneous 0 Securities Co., Ltd. Enforcement A Case of an Application for 44 BU Xinguang Compensation for Illegal 0 Criminal Recovery Beijing Baidu Netcom Science and Technology Co., Ltd. v. Aoshang Network 45 An Unfair Competition Dispute 1 Technology Co., Ltd. et al.

Almost half of the 181 SCs (i.e., 76) explicitly refer to GC No. 24 (“GC24”), RONG Baoying v. WANG Yang and Alltrust Insurance Co., Ltd. Jiangyin Branch, A Motor Vehicle Traffic Accident Liability Dispute , an automobile liability case released by the SPC on January 26, 2014. 11 GC24 presents a motor vehicle traffic accident liability dispute involving the insurance provider of the driver who was found to have caused the accident. The insurance company sought to reduce its liability by claiming that the pre-existing physical condition of the victim, who was not at fault, contributed to the total harm the victim suffered. The local court ruled against the insurance company on grounds subsequently summarized by the SPC as “Main Points of the Adjudication”, which read:

11 《荣宝英诉王阳、永诚财产保险股份有限公司江阴支公司机动车交通事故责任纠纷案》 (RONG Baoying v. WANG Yang and Alltrust Insurance Co., Ltd. Jiangyin Branch, A Motor Vehicle Traffic Accident Liability Dispute ), STANFORD LAW SCHOOL CHINA GUIDING CASES PROJECT , English Guiding Case (EGC 24 ), Apr. 4, 2014 Edition , http://cgc.law.stanford.edu/guiding -cases/guiding -case -24.

Copyright 2016 by Stanford University 8

Final Edition

[If] a victim of a traffic accident is not at fault, the effect of his [pre -existing] physical condition on the ramifications of the harm [he suffered] is not a type of legal circumstance that can mitigate a tortfeasor’s liability.

Given the common nature of the legal issue a traffic accident and corresponding insurance issues involved in GC24, it is not a surprise that this case has been frequently cited.

For a complete list of SCs that explicitly refer to each of the GCs listed in Table 1 , please go to the corresponding webpage of the GC. 12

III. Types of Subsequent Cases

Figure 1 shows the geographical distribution of the courts handling the 181 SCs. The wide distribution of these courts shows that the requirement to publish adjudication documents is quite commonly followed.

Figure 1. Geographical Distribution of the Courts Handling Subsequent Cases Referencing Guiding Cases

12 An excellent example is the continually updated list of SCs that explicitly refer to GC24, which is made publicly available on that GC’s homepage, http://cgc.law.stanford.edu/guiding -cases/guiding -case -24.

Copyright 2016 by Stanford University 9

Final Edition

Most of the 181 SCs were handled by courts located in (27 SCs), Zhejiang (21 SCs), Guangdong (17 SCs), (16 SCs), and Jiangsu (15 SCs). Shandong (3 GCs), Zhejiang (5 GCs), and Jiangsu (8 GCs) are among the localities with relatively more original judgments upon which GCs were issued.13 One might argue that the greater number of GCs originated from these localities has increased lawyers’ and judges’ awareness of GCs and these legal actors are, therefore, more ready to use GCs in subsequent, similar cases. Nevertheless, the fact that many SCs are from Guangdong and Henan —two provinces that have each originated only one GC — suggests that there are additional driving forces. This issue is worthy of further research when more SCs are available.

Seventy -six of these 181 SCs are first -instance rulings or judgments, 93 are second - instance rulings or judgments, and two are retrials that were authorized according to Article 199 of the Civil Procedure Law of the People’s Republic of China 14 after the original rulings or judgments had taken effect. The remaining ten SCs include six applications for retrial, 15 two applications for reconsideration of a court decision granting or denying a party’s objection to enforcement, 16 one application for revoking an arbitral award, 17 and one objection to enforcement.18

13 See Mei Gechlik, supra note 4. 14 《中华人民共和国民事诉讼法》 (Civil Procedure Law of the People’s Republic of China ), passed, issued on, and effective as of Apr. 9, 1991, amended two times, most recently on Aug. 31, 2012, effective as of Jan. 1, 2013, http://www.gov.cn/flfg/2012 -09/01/content_2214662.htm. The two retrials authorized under this law are: （2014 ）丰行重字第 4 号 ((2014) Feng Xing Chong Zi No. 4), http://cgc.law.stanford.edu/guiding -cases/guiding - case -5/; （2015 ） 鲁 民 再 字 第 5 号 ((2015) Min Zai Zi No. 5), http://cgc.law.stanford.edu/guiding - cases/guiding -case -8/. 15 （2014 ） 川 民 申 字 第 1145 号 ((2014) Chuan Min Zi No. 1145)), http://cgc.law.stanford.edu/guiding -cases/guiding -case -8/; （2015 ）浙民申字第 85 号 ((2015) Zhe Min Shen Zi No. 85), http://cgc.law.stanford.edu/guiding -cases/guiding -case -9/; （2013 ）鲁民申字第 1287 号 ((2013) Lu Min Shen Zi No. 1287), （2014 ）商立二民申字第 149 号 ((2014) Shang Li Er Min Shen Zi No. 149 ), （2015 ）民申字第 1194 号 ((2015) Min Shen Zi No. 1194), （2015 ） 民 申 字 第 1195 号 ((2015) Min Shen Zi No. 1195), http://cgc.law.stanford.edu/guiding -cases/guiding -case -24/. 16 （2015 ） 南 中 法 执 复 字 第 27 号 ((2015) Nan Zhong Fa Zhi Fu Zi No. 27), http://cgc.law.stanford.edu/guiding -cases/guiding -case -2/; （2015 ）苏执复字第 00113 号 ((2015) Su Zhi Fu Zi No. 00113) , http://cgc.law.stanford.edu/guiding -cases/guiding -case -34/. Applications for reconsideration are authorized by 《中华人民共和国民事诉讼法》 (Civil Procedure Law of the People’s Republic of China ), supra note 14, Article 225. 17 （2014 ）韶中法民三仲字第 1 号 ((2014) Shao Zhong Fa Min San Zhong Zi No. 1), http://cgc.law.stanford.edu/guiding -cases/guiding -case -1/. Applications for revoking arbitral awards are authorized by 《中华人民共和国仲裁法》 (Arbitration Law of the People’s Republic of China ), Article 58, passed on Aug. 3, 1994, issued on Aug. 31, 1994, effective as of Sept. 1 , 199 5, amended on and effective as of Aug. 27 , 20 09, http://www.pkulaw.cn/fulltext_form.aspx?Db=chl&Gid=167108&EncodingName= . 18 （2014 ）临兰执异字第 8 号 ((2014) Lin Lan Zhi Yi Zi No. 8), http://cgc.law.stanford.edu/guiding - cases/guiding -case -2/.

Copyright 2016 by Stanford University 10

Final Edition

Another way to classify these 181 SCs is to look at the different levels of courts that rendered these rulings/judgments. Of these 181 cases, 74 are rulings/judgments rendered by basic people’s courts, 90 by intermediate people’s courts, 13 by higher people’s courts, two by the SPC itself, and two by special courts (in these instances, railway courts in Shanghai). It makes sense that most SCs were handled by basic people’s courts and intermediate people’s courts, which are the main courts that adjudicate cases in the first -instance and second -instance, respectively. 19 Higher people’s courts and the SPC only adjudicate cases in special circumstances. 20 For example, when a case is of major importance and requires adjudication by an intermediate people’s court as the court of first instance, the case, if appealed, will be handled by a higher people’s court. A case can be so important that it is adjudicated by a higher people’s court as the court of first instance, leaving the SPC to handle the appeal. 21

More insight can be gained by examining the type of cases that prompt reference to GCs. Among the 181 SCs, 151 are civil cases, while 21, six, and three are administrative, criminal,22 and enforcement cases, respectively. As shown in Table 2 , most GCs are related to civil law matters and it is thus reasonable that the majority of the 181 SCs are also civil cases. Yet, given that nine GCs are criminal cases covering a wide range of areas, including bribery, robbery, theft, intentional homicide, dangerous driving, and the illegal trading and storage of hazardous substances, one would expect to see more SCs reference these GCs. Is this under -citation a reflection of criminal lawyers’ and judges’ inadequate understanding of GCs? Or, does this reflect these legal actors’ skeptical views of the effectiveness of using GCs in a criminal justice system that has already been marred by various limitations? It is too early to draw any conclusion but it is worth noting that in five of the six criminal SCs, parties or their lawyers did not refer to the relevant GC, leaving the deciding courts to fill the gap. In the remaining SC, 23 the party did refer to GC13, but the deciding court failed to explain whether or not the GC was applicable.24

19 For the jurisdictions of basic people’s courts and intermediate people’s courts, see 《中华人民共和国人民 法院组织法》 (Organic Law of the People’s Courts of the People’s Republic of China ), Articles 20 and 24, passed on July 1, 1979, issued on July 5, 1979, effective as of Jan. 1, 1980, amended three times, most recently on Oct. 31, 2006, effective as of July 1, 2007, http://www.npc.gov.cn/wxzl/gongbao/2006 -12/05/content_5354938.htm. 20 Id . Articles 27 and 31. 21 Id . Articles 20, 24, and 27. 22 （2014 ）绵刑终字第 225 号 ((2014) Mian Xing Zhong Zi No. 225 ), http://cgc.law.stanford.edu/guiding - cases/guiding -case -11/; （ 2014 ） 黔 南 刑 一 终 字 第 77 号 ((2014) Qian Nan Xing Yi Zhong Zi No. 77), http://cgc.law.stanford.edu/guiding -cases/guiding -case -13/; （2015 ）后刑初字第 237 号 ((2015) Hou Xing Zi No. 237), （2015 ）后刑初字第 23 9 号 ((2015) Hou Xing Chu Zi No. 239), （2015 ）后刑初字第 255 号 ((2015) Hou Xing Chu Zi No. 255), （ 2015 ） 后 刑 初 字 第 262 号 ((2015) Hou Xing Chu Zi No. 262), http://cgc.law.stanford.edu/guiding -cases/guiding -case -14/. 23 （ 2014 ） 黔 南 刑 一 终 字 第 77 号 ((2014) Qian Nan Xing Yi Zhong Zi No. 77), http://cgc.law.stanford.edu/guiding -cases/guiding -case -13 /. 24 For discussion of references to Guiding Cases by lawyers and judges, see infra Part V.

Copyright 2016 by Stanford University 11

Final Edition

Table 2. Related Legal Rules Cited in Guiding Cases

Related Legal Rules GC No(s). Total # of GCs Administrative Licensing Law 5 1

Administrative Litigation Law 5, 22, 38, 41 4

Administrative Penalties Law 5, 6 2

Anti -Unfair Competition Law 29, 30, 45, 47 4

Auction Law 35 1

Civil Air Defense Law 21 1

Civil Procedure Law 2, 7, 25, 34, 36, 37, 56 7

Company Law 8, 9, 10, 15 4

Contract Law 1, 33 2

Copyright Law 48 1

Criminal Law 3, 4, 11 -14, 27, 28, 32 9

Education Law 38 1

Food Safety Law 23 1

General Principles of the Civil Law 15, 29, 35, 50, 51 5

Insurance Law 25, 52 2 Interim Implementing Measures of the Regulation on Degrees 39 1

Labor Contract Law 18 1

Law on Protection of Consumer Rights and Interests 17 1

Legislation Law 5 1

Maritime Law 16, 31 2

Patent Law 20, 55 2

Property Rights Law 53, 54 2

Regulation on Degrees 38, 39 2

Regulation on Open Government Information 26 1

Regulation on the Protection of Computer Software 48, 49 2

Regulation on Work -Related Injury Insurances 39 1

Road Traffic Safety Law 19, 24 2

Special Procedure Law on Maritime Litigation 16 1

State Compensation Law 42, 43, 44 3

Succession Law 50 1

Tort Liability Law 19, 24 2

Trademark Law 46 1

Copyright 2016 by Stanford University 12

Final Edition

IV. Time Elapsed Between Date of Adjudication and Date of Release

All 181 SCs were adjudicated between May 2013 and December 2015 (see Figure 2 ). Forty -five percent of these SCs were published on the official website within 50 days after the judgments or rulings were rendered (see Figure 3 ). The time elapsed between the date of adjudication and the date of release is decreasing (see Figure 4 ), indicating that deciding courts are increasingly ready to meet the abovementioned publication requirement.

Figure 2. Comparative Dates of Adjudication for Subsequent Cases Referencing GCs

Figure 3. Number of Days Elapsed Before Subsequent Cases Are Posted Online

Copyright 2016 by Stanford University 13

Final Edition

Figure 4. Number of Days Elapsed Between Date of Adjudication and Date of Release

V. Reference to Guiding Cases by Lawyers and Judges

Article 11 of the Detailed Implementing Rules provides:

In the process of handling a case, the personnel handling the case should inquire about relevant Guiding Cases. Where a relevant Guiding Case is quoted in the adjudication document, [the personnel] should, in the part [of the document where they provide] reasons for their adjudication, quote the serial number and the “Main Points of the Adjudication” of the Guiding Case.

Where a public prosecution organ, a party to a case and his 25 defender, 26 or a litigation agent 27 quotes a Guiding Case as a ground [for the] prosecution

25 Though the masculine possessive “his” is used in this translation, it is meant as a gender -neutral term that may refer to “her” or “its”. 26 The original text reads “辩护人” (“defender”). According to Article 32 of the Criminal Procedure Law of the People’s Republic of China , a criminal suspect or defendant may retain one or two defenders. A defender may be (1) a “lawyer” (“ 律师 ”); (2) a “person recommended by a people’s group or the entity [where] a criminal suspect or defendant [works]” (“人民团体或者犯罪嫌疑人、被告人所在单位推荐的人 ”); or (3) a “guardian, relative, or friend of a criminal suspect or defendant” (“ 犯罪嫌疑人、被告人的监护人、亲友 ”). A person who is serving a criminal sentence or whose personal freedom is deprived or restricted in accordance with law cannot serve as a defender. See 《中华人民共和国刑事诉讼法》 (Criminal Procedure Law of the People’s Republic of China ),

Copyright 2016 by Stanford University 14

Final Edition

(litigation) or defense, the personnel handling the case should, in [providing] the reasons for the adjudication, respond [as to] whether [they] referred to the Guiding Case [in the course of their adjudication] and explain their reasons [for doing so].

To encourage judges to refer to GCs, Article 14 of the Detailed Implementing Rules provides: People’s courts at all levels should, in accordance with [legal] provisions, including the Judges Law of the People’s Republic of China , give rewards to those entities and individuals that have made outstanding achievements in the work on case guidance.

A close examination of the 181 SCs shows the extent to which GCs have been referenced by lawyers and judges.

In 47 of the 181 SCs, GCs were not mentioned by any party involved in the dispute. Thirty -six of these cases were handled with legal representation and 11 were not. Despite the parties’ failure to refer to the relevant GC, the deciding courts took the initiative to mention the GC in 44 of these 47 SCs (in the other three SCs, only the first -instance court mentioned the GC, the second -instance court did not). The presence of legal representation without proper citation to support their client’s argument or mount a defense suggests that in situations where a GC should be considered, quite a few lawyers failed to provide competent legal representation.

In the remaining 134 SCs, at least one party (or their lawyer) mentioned a GC in their arguments. In 38 of these 134 cases, the deciding courts referenced the GC explicitly or implicitly, while in the other 96 cases, the deciding courts did not mention the GC at all, let alone explain in detail whether or not the referenced GC, or any other GC, should be applied.

The judges’ lack of response to parties’ arguments could partly reflect inadequate understanding of GCs among judges, but may also reveal judges’ uncertainty as to whether and how they should explicitly cite GCs in judgments. 28 The release of the Detailed Implementing Rules should help dispel this uncertainty, but their impact needs to be further increased as this passed on July 1, 1979, issued on July 7, 1979, effective as of Jan. 1, 1980, amended two times, most recently on Mar. 14, 2012, effective as of Jan. 1, 2013, available at http://www.gov.cn/flfg/2012 -03/17/content_2094354.htm. 27 The original text reads “诉讼代理人 ” (“litigation agent”). According to Article 58 of the Civil Procedure Law of the People’s Republic of China , a party or a “statutory agent” (“ 法定代理人 ”) may retain one or two persons as litigation agents. A litigation agent may be (1) a “lawyer or legal service worker at the basic level” (“基层法律服 务工作者 ”); (2) a “close relative or staff member of a party”; or (3) a “citizen recommended by the community [where the party resides], the entity [where the party works], or a relevant social group” (“ 当事人所在社区、单位 以及有关社会团体推荐的公民 ”) . See 《中华人民共和国民事诉讼法》 (Civil Procedure Law of the People’s Republic of China ), passed, issued on, and effective as of Apr. 9, 1991, amended two times, most recently on Aug. 31, 2012, effective as of Jan. 1, 2013, available at http://www.gov.cn/flfg/2012 -09/01/content_2214662.htm . 28 See Mei Gechlik, Dimitri Philips, and Oma Lee, supra note 9.

Copyright 2016 by Stanford University 15

Final Edition study shows that in 49 of all the 181 SCs, the deciding courts did not reference the GC, even though the adjudication of these cases postdated the Detailed Implementing Rules.

Like keeping up -to -date with the latest GC -related legal developments? We can only develop top -notch practical insights with your help .

If you like what you read, please donate today by visiting:

http://cgc.law.stanford.edu/home/support -us/donate/

Copyright 2016 by Stanford University 16

Final Edition

ANNEX 1

Subsequent Cases as of December 31, 2015

Guiding Date of Date of Subsequent Case Number Deciding Court Case No. Adjudication Release GC 1 2013/9/25 2014/5/6 (2013) Hang Yu Yu Shang People's Court of Hangzhou Municipality, Chu Zi No. 517 Zhejiang Province GC 1 2014/3/18 2014/4/3 (2014) Shao Zhong Fa Min Intermediate People's Court of Municipality, San Zhong Zi No. 1 Guangdong Province GC 1 2014/6/27 2014/7/25 (2014) Xi Zhong Min Yi Intermediate People's Court of Xi'an Municipality, Zhong Zi No. 00498 Province GC 1 2014/8/11 2014/12/15 (2014) Dong Er Fa Hu Min No. 2 People's Court of Municipality, Guangdong Er Chu Zi No. 307 Province GC 1 2015/3/9 2015/3/13 (2015) Ji Shang Zhong Zi No. Intermediate People's Court of Municipality, Shandong 119 Province GC 1 2015/9/11 2015/12/8 (2015) Ning Min Zhong Zi Intermediate People's Court of Nanjing Municipality, Jiangsu No. 3770 Province GC 2 2014/3/5 2014/5/15 (2014) Lin Lan Zhi Yi Zi No. Lanshan District People's Court of Municipality, Shandong 8 Province GC 2 2014/5/19 2014/12/8 (2014) Wu Bo Min Yi Chu Zi Haibowan District People's Court of Municipality, Inner No. 89 Mongolia Autonomous Region GC 2 2015/11/9 2015/11/19 (2015) Nan Zhong Fa Zhi Fu Intermediate People's Court of Municipality, Sichuan Zi No. 27 Province GC 5 2014/4/18 2015/9/15 (2014) Da Xing Chu Zi No. Daxing District People's Court of Beijing Municipality 15 GC 5 2014/6/18 2014/12/18 (2014) Feng Xing Chong Zi Fengrun District People's Court of Municipality, Hebei No. 4 Province GC 5 2014/7/18 2015/1/5 (2014) Gu Xing Chu Zi No. Gulou District People's Court of Municipality, Fujian 49 Province GC 5 2014/12/1 2014/12/31 (2014) Rong Xing Zhong Zi Intermediate People's Court of Fuzhou Municipality, Fujian No. 399 Province GC 5 2015/1/20 2015/7/30 (2015) Lin Xing Zhong Zi Intermediate People's Court of Linyi Municipality, Shandong No. 14 Province GC 5 2015/3/4 2015/4/1 (2015) Liang Fa Xing Chu Zi People's Court of Liangping County, Municipality No. 00003 GC 5 2015/4/30 2015/6/29 (2015) Gao Xing Chu Zi No. People's Court of , Shandong Province 3 GC 5 2015/5/6 2015/9/21 (2015) E Qiao Kou Xing Chu Qiaokou District People's Court of Municipality, Zi No. 0 6 Province GC 5 2015/6/2 2015/7/1 (2015) Cheng Xing Zhong Zi Intermediate People's Court of Chengdu Municipality, Sichuan No. 308 Province GC 5 2015/6/10 2015/11/7 (2015) He Kai Xing Chu Zi People's Court of Economic Development Zone, Shandong No. 8 Province GC 5 2015/6/10 2015/11/7 (2015) He Kai Xing Chu Zi People's Court of Heze Economic Development Zone, Shandong No. 9 Province GC 6 2014/5/12 2014/11/8 (2014) Chang Xing Chu Zi Changning District People's Court of Shanghai Municipality No. 17 GC 6 2015/9/21 2015/12/1 (2014) Xin Xing Chu Zi No. People's Court of Municipality, Shandong Province 72 GC 8 2014/1/17 2014/3/26 (2014) Zhe Tai Shang Zhong Intermediate People's Court of Taizhou Municipality, Zhejiang Zi No. 18 Province GC 8 2014/6/22 2015/7/30 (2014) Tong Min Shang Chu People's Court of Tongbo County, Henan Province Zi No. 18 GC 8 2014/7/23 2014/11/7 (2014) Chuan Min Shen Zi Higher People's Court of Sichuan Province

Copyright 2016 by Stanford University 17

Final Edition

Guiding Date of Date of Subsequent Case Number Deciding Court Case No. Adjudication Release No. 1145 GC 8 2014/7/25 2014/10/16 (2014) Hui Zhong Fa Min Er Intermediate People's Court of Municipality, Guangdong Zhong Zi No. 79 Province GC 8 2014/11/25 2015/1/19 (2014) Dong Zhong Fa Min Intermediate People's Court of Dongguan Municipality, Er Zhong Zi No. 974 Guangdong Province GC 8 2015/3/20 2015/3/26 (2015) Sui Zhong Fa Min Er Intermediate People's Court of Municipality, Zhong Zi No. 70 Guangdong Province GC 8 2015/6/24 2015/11/15 (2014) Shen Zhong Fa She Intermediate People's Court of Shenzhen Municipality, Wai Zhong Zi No. 134 Guangdong Province GC 8 2015/10/23 2015/11/10 (2015) Lu Min Zai Zi No. 5 Higher People's Court of Shandong Province GC 9 2014/3/19 2014/4/4 (2014) Zhe Yong Shang Intermediate People's Court of Municipality, Zhejiang Zhong Zi No. 218 Province GC 9 2014/4/14 2014/6/24 (2014) Lai Zhong Shang Intermediate People's Court of Municipality, Shandong Zhong Zi No. 1 Province GC 9 2014/5/20 2014/10/30 (2014) Shen Zhong Fa Shang Intermediate People's Court of Shenzhen Municipality, Zhong Zi No. 956 Guangdong Province GC 9 2014/5/29 2014/6/27 (2013) Hang Jiang Shang People's Court of Hangzhou Municipality, Chu Zi No. 33 Zhejiang Province GC 9 2014/6/11 2014/7/14 (2014) Qiong Min Er Zhong Higher People's Court of Province Zi No. 11 GC 9 2014/6/12 2015/3/26 (2014) San Zhong Min Zhong No. 3 Intermediate People's Court of Beijing Municipality Zi No. 07734 GC 9 2014/8/25 2014/9/20 (2014) Zheng Min San Zhong Intermediate People's Court of Municipality, Henan Zi No. 1111 Province GC 9 2014/10/14 2015/11/19 (2014) Zhuang Min Chu Zi People's Court of Zhuanghe Municipality, Liaoning Province No. 2495 GC 9 2014/10/14 2015/11/19 (2014) Zhuang Min Chu Zi People's Court of Zhuanghe Municipality, Liaoning Province No. 2496 GC 9 2014/11/12 2015/1/4 (2014) Zhe Hang Shang Intermediate People's Court of Hangzhou Municipality, Zhejiang Zhong Zi No. 1811 Province GC 9 2014/11/14 2014/11/26 (2014) Hu Yi Zhong Min Si No. 1 Intermediate People's Court of Shanghai Municipality (Shang) Zhong Zi No. 1214 GC 9 2015/2/7 2015/7/15 (2015) Zhe Min Shen Zi No. Higher People's Court of Zhejiang Province 85 GC 9 2015/4/2 2015/4/14 (2015) Da Min Yi Zhong Zi Intermediate People's Court of Municipality, Liaoning No. 155 Province GC 9 2015/5/13 2015/12/10 (2015) Dong Min Chu Zi No. Qiaodong District People's Court of Municipality, Hebei 238 Province GC 9 2015/5/18 2015/7/14 (2014) Xi Shang Chu Zi No. People's Court of Municipality, Shandong Province 1044 GC 9 2015/6/3 2015/12/20 (2015) Dong Yi Fa Dong Min No. 1 People's Court of Dongguan Municipality, Guangdong Er Chu Zi No. 435 Province GC 9 2015/10/22 2015/12/18 (2015) Wan Min Yi Zhong Zi Higher People's Court of Province No. 133 GC 9 2015/10/27 2015/12/7 (2015) Zhe Hang Shang Intermediate People's Court of Hangzhou Municipality, Zhejiang Zhong Zi No. 1800 Province GC 10 2013/5/28 2014/1/19 (2013) Bin Zhong Shang Intermediate People's Court of Municipality, Shandong Zhong Zi No. 82 Province GC 10 2015/7/23 2015/9/12 (2015) Wen Cang Shang Chu People's Court of , Zhejiang Province Zi No. 1293 GC 10 2015/7/24 2015/11/12 (2015) Xi Min Zhong Zi No. Intermediate People's Court of Municipality, Jiangsu 0835 Province GC 11 2015/1/25 2015/3/5 (2014) Mian Xing Zhong Zi Intermediate People's Court of Municipality, Sichuan No. 225 Province

Copyright 2016 by Stanford University 18

Final Edition

Guiding Date of Date of Subsequent Case Number Deciding Court Case No. Adjudication Release GC 13 2014/6/13 2014/6/25 (2014) Qian Nan Xing Yi Intermediate People's Court of Qiannan Buyi and Miao Zhong Zi No. 77 Autonomous Prepercture, Province GC 14 2015/12/4 2015/12/23 (2015) Hou Xing Chu Zi No. People's Court of Horqin Left Wing Back Banner, Inner Mongolia 237 Autonomous Region GC 14 2015/12/8 2015/12/23 (2015) Hou Xing Chu Zi No. People's Court of Horqin Left Wing Back Banner, Inner Mongolia 239 Autonomous Region GC 14 2015/12/8 2015/12/23 (2015) Hou Xing Chu Zi No. People's Court of Horqin Left Wing Back Banner, Inner Mongolia 255 Autonomous Region GC 14 2015/12/16 2015/12/23 (2015) Hou Xing Chu Zi No. People's Court of Horqin Left Wing Back Banner, Inner Mongolia 262 Autonomous Region GC 15 2013/12/11 2014/7/25 (2013) Shen Zhong Fa Shang Intermediate People's Court of Shenzhen Municipality, Zhong Zi No. 1931 Guangdong Province GC 15 2013/12/17 2014/1/15 (2013) Gan Min Er Zhong Zi Higher People's Court of Province No. 58 GC 15 2014/4/29 2014/5/20 (2014) Luo Min Zhong Zi Intermediate People's Court of Municipality, Henan No. 137 Province GC 15 2014/6/4 2014/7/4 (2014) Ping Min San Zhong Intermediate People's Court of Pingxiang Municipality, Jiangxi Zi No. 12 Province GC 15 2014/7/19 2015/6/8 (2014) Hai Min Chu Zi No. Haidian District People's Court of Beijing Municipality 5724 GC 15 2014/9/12 2015/6/10 (2014) Lu Shang Zhong Zi Higher People's Court of Shandong Province No. 214 GC 15 2014/10/20 2014/11/17 (2014) Lai Zhong Shang Intermediate People's Court of Laiwu Municipality, Shandong Zhong Zi No. 68 Province GC 15 2014/10/20 2014/12/15 (2014) Ji Min Yi Zhong Zi Higher People's Court of Hebei Province No. 208 GC 15 2014/10/20 2014/12/31 (2014) Nan Shi Min Er Intermediate People's Court of Nanning Municipality, Guangxi Zhong Zi No. 418 Zhuang Automous Region GC 15 2015/2/9 2015/7/15 (2014) Shi Shang Chu Zi No. Shiguai District People's Court of Municipality, Inner 112 Mongolia Autonomous Region GC 15 2015/3/25 2015/7/14 (2014) Shi Shang Chu Zi No. Shiguai District People's Court of Baotou Municipality, Inner 113 Mongolia Autonomous Region GC 15 2015/5/25 2015/6/3 (2015) Lai Zhong Min Yi Intermediate People's Court of Laiwu Municipality, Shandong Zhong Zi No. 37 Province GC 15 2015/5/27 2015/6/11 (2015) Yi Zhong Min No. 1 Intermediate People's Court of Beijing Municipality (Shang) Zhong Zi No. 04724 GC 15 2015/7/22 2015/8/27 (2015) Chang Shang Zhong Intermediate People's Court of Municipality, Jiangsu Zi No. 261 Province GC 15 2015/7/22 2015/8/27 (2015) Chang Shang Zhong Intermediate People's Court of Changzhou Municipality, Jiangsu Zi No. 262 Province GC 15 2015/7/22 2015/8/27 (2015) Chang Shang Zhong Intermediate People's Court of Changzhou Municipality, Jiangsu Zi No. 263 Province GC 15 2015/7/22 2015/8/27 (2015) Chang Shang Zhong Intermediate People's Court of Changzhou Municipality, Jiangsu Zi No. 264 Province GC 15 2015/7/22 2015/8/27 (2015) Chang Shang Zhong Intermediate People's Court of Changzhou Municipality, Jiangsu Zi No. 302 Province GC 15 2015/7/28 2015/11/19 (2015) Zhu Zhong Fa Min Yi Intermediate People's Court of Municipality, Guangdong Zhong Zi No. 390 Province GC 15 2015/10/24 2015/12/31 (2015) Chang Min Si Zhong Intermediate People's Court of Municipality, Zi No. 496 Province GC 15 2015/11/6 2015/12/26 (2015) Zhe Hang Shang Intermediate People's Court of Hangzhou Municipality, Zhejiang Zhong Zi No. 543 Province GC 17 2014/10/13 2014/11/24 (2014) Xin Zhong Min Er Intermediate People's Court of Municipality, Henan Zhong Zi No. 286 Province

Copyright 2016 by Stanford University 19

Final Edition

Guiding Date of Date of Subsequent Case Number Deciding Court Case No. Adjudication Release GC 17 2014/11/10 2014/12/24 (2014) Hang Shang Shang People's Court of Hangzhou Municipality, Wai Chu Zi No. 27 Zhejing Province GC 19 2013/12/10 2015/6/25 (2013) Fa Min Yi Chu People's Court of Municipality, Henan Province Zi No. 186 GC 19 2014/7/7 2015/8/24 (2014) Kai Min Chu Zi No. People's Court of Zhengzhou High- and New-Technology 3011 Industrial Development Zone, Henan Province GC 19 2015/1/21 2015/3/10 (2015) Zhe Hang Min Zhong Intermediate People's Court of Hangzhou Municipality, Zhejiang Zi No. 152 Province GC 19 2015/3/19 2015/5/21 (2015) Bian Min Zhong Zi Intermediate People's Court of Municipality, Henan No. 416 Province GC 19 2015/4/20 2015/7/3 (2015) E Yi Chang Zhong Intermediate People's Court of Municipality, Hubei Min Yi Zhong Zi No. 00128 Province GC 19 2015/5/13 2015/7/3 (2015) E Yi Chang Zhong Intermediate People's Court of Yichang Municipality, Hubei Min Yi Zhong Zi No. 00185 Province GC 19 2015/5/14 2015/6/19 (2015) Shen He Min Yi Chu Heping District People's Court of Municipality Zi No. 01476 GC 19 2015/5/19 2015/10/13 (2015) Ken Min Zhong Zi Nongken Intermediate People's Court of Heilongjiang Province No. 13 GC 19 2015/9/2 2015/9/22 (2015) Xi Min Chu Zi No. 39 Qiaoxi District People's Court of Zhangjiakou Municipality, Hebei Province GC 19 2015/11/9 2015/12/16 (2015) Ping Min Chu Zi No. People's Court of Pingnan County, Guangxi Zhuang Automous 1881 Region GC 21 2014/6/23 2015/3/23 (2014) E Jiang An Xing Chu Jiang'an District People's Court of Wuhan Municipality, Hubei Zi No. 61 Province GC 22 2014/12/2 2014/12/26 (2014) Zhu Xing Zhong Zi Intermediate People's Court of Municipality, Henan No. 151 Province GC 22 2014/12/15 2015/2/2 (2014) Zhe Hang Xing Zhong Intermediate People's Court of Hangzhou Municipality, Zhejiang Zi No. 406 Province GC 22 2015/4/30 2015/9/29 (2015) Su Xing Zhong Zi No. Higher People's Court of Jiangsu Province 195 GC 22 2015/8/14 2015/9/29 (2015) Su Xing Zhong Zi No. Higher People's Court of Jiangsu Province 00292 GC 23 2014/12/28 2015/2/2 (2014) Hun Min Er Chu Zi People's Court of Municipality, Jilin Province No. 492 GC 23 2015/3/5 2015/5/29 (2015) San Min Zhong Zi No. Intermediate People's Court of Municipality, Henan 00168 Province GC 23 2015/6/16 2015/8/8 (2015) Shi Min Yi Chu Zi People's Court of , Province No. 91 GC 24 2013/12/05 2015/09/18 (2014) Ning Min Chong Chu People's Court of Ningjin County, Hebei Province Zi No. 12 GC 24 2014/01/12 2015/03/23 (2014) Lu Yu Min Yi Chu Zi Yu'an District People's Court of Lu'an Municipality, Anhui No. 01309 Province GC 24 2014/04/01 2014/06/21 (2013) Shao Zhu Min Chu Zi People's Court of Municipality, Zhejiang Province No. 1905 GC 24 2014/04/04 2014/05/28 (2013) Lu Min Shen Zi No. Higher People's Court of Shandong Province 1287 GC 24 2014/04/09 2014/07/23 (2013) Hang Fu Min Chu Zi People's Court of Municipality, Zhejiang Province No. 2222 GC 24 2014/04/14 2014/05/20 (2013) Jiang Tai Fa Jiao Chu People's Court of Taishan Municipality, Guangdong Province Zi No. 269 GC 24 2014/04/16 2014/06/06 (2013) Yong Hai Xi Shang People's Court of Ningbo Municipality, Zhejiang Chu Zi No. 262 Province GC 24 2014/04/18 2015/05/28 (2013) Bei Min San Shang People's Court of Qingdao Municipality, Shandong Chu Zi No. 491 Province

Copyright 2016 by Stanford University 20

Final Edition

Guiding Date of Date of Subsequent Case Number Deciding Court Case No. Adjudication Release GC 24 2014/05/19 2014/07/02 (2014) Dong Min Yi Zhong Intermediate People's Court of Municipality, Shandong Zi No. 108 Province GC 24 2014/05/26 2014/06/20 (2014) E Zhi Jiang Min Chu People's Court of Zhijiang Municipality, Hubei Province Zi No. 00515 GC 24 2014/05/27 2014/06/13 (2014) Zhe Shao Min Zhong Intermediate People's Court of Municipality, Zhejiang Zi No. 642 Province GC 24 2014/05/29 2014/11/10 (2014) Min Yi Chu Zi People's Court of , Anhui Province No. 00473 GC 24 2014/06/12 2014/12/31 (2013) Lu Min Chu Zi People's Court of Nanjing Municipality, Jiangsu No. 903 Province GC 24 2014/06/18 2014/07/09 (2014) Zhe Yong Shang Intermediate People's Court of Ningbo Municipality, Zhejiang Zhong Zi No. 474 Province GC 24 2014/06/20 2015/07/23 (2014) Ning Min Zhong Zi Intermediate People's Court of Ningde Municipality, Fujian No. 565 Province GC 24 2014/07/03 2015/01/30 (2014) Wu Min Chong Zi No. People's Court of Wuwei County, Anhui Province 0 9 GC 24 2014/07/12 2015/07/19 (2014) Tai Jiang Min Chu Zi People's Court of Taizhou Municipality, Jiangsu No. 0943 Province GC 24 2014/07/16 2015/05/07 (2013) Li Min Chu Zi No. Dongli District People's Court of Tianjin Municipality 2194 GC 24 2014/07/21 2014/12/25 (2014) Cheng Min Chu Zi People's Court of County, Hebei Province No. 1424 GC 24 2014/07/26 2015/06/24 (2014) Hu Tie Min Chu Zi Shanghai Railway Transportation Court No. 278 GC 24 2014/08/04 2014/11/08 (2014) Pu Min Yi (Min) Chu New District People's Court of Shanghai Municipality Zi No. 2493 GC 24 2014/08/08 2014/10/23 (2013) Hui Min Chu Zi No. People's Court of Hui County, Henan Province 2303 GC 24 2014/08/08 2014/12/17 (2014) E Yi Cheng Min San People's Court of Yicheng Municipality, Hubei Province Chu Zi No. 00031 GC 24 2014/08/13 2014/12/13 (2014) Cang Min Chu Zi No. Cangshan District People's Court of Fuzhou Municipality, Fujian 846 Province GC 24 2014/08/14 2014/11/26 (2014) Li Min Chu Zi No. Dongli District People's Court of Tianjin Municipality 1402 GC 24 2014/08/22 2014/10/27 (2014) Yan Min Zhong Zi Intermediate People's Court of Municipality, Jiangsu No. 1803 Province GC 24 2014/08/25 2015/01/04 (2014) Ning Min Zhong Zi Intermediate People's Court of Ningde Municipality, Fujian No. 824 Province GC 24 2014/08/26 2014/12/15 (2014) Fo Zhong Fa Min Yi Intermediate People's Court of Municipality, Guangdong Zhong Zi No. 1918 Province GC 24 2014/09/22 2014/09/26 (2014) Ji Min Si Zhong Zi Intermediate People's Court of Jinan Municipality, Shandong No. 586 Province GC 24 2014/10/09 2014/11/10 (2014) Qing Min Wu Zhong Intermediate People's Court of Qingdao Municipality, Shandong Zi No. 1628 Province GC 24 2014/10/10 2014/10/19 (2014) Hu Er Zhong Min Yi No. 2 Intermediate People's Court of Shanghai Municipality (Min) Zhong Zi No. 1575 GC 24 2014/10/10 2015/05/14 (2014) E Zhi Jiang Min Chu People's Court of Zhijiang Municipality, Hubei Province Zi No. 01033 GC 24 2014/10/20 2014/11/26 (2014) Qing Min Wu Zhong Intermediate People's Court of Qingdao Municipality, Shandong Zi No. 1631 Province GC 24 2014/10/23 2014/12/09 (2014) Hang Bin Min Chu Zi People's Court of Hangzhou Municipality, No. 1014 Zhejiang Province GC 24 2014/10/27 2015/05/18 (2014) Fei Min Chu Zi No. People's Court of Municipality, Shandong Province 1470

Copyright 2016 by Stanford University 21

Final Edition

Guiding Date of Date of Subsequent Case Number Deciding Court Case No. Adjudication Release GC 24 2014/10/29 2014/11/13 (2014) Wu Zhong Min Yi Intermediate People's Court of Municipality, Shandong Zhong Zi No. 00964 Province GC 24 2014/10/30 2014/11/21 (2014) Hu Yi Zhong Min Yi No. 1 Intermediate People's Court of Shanghai Municipality (Min) Zhong Zi No. 2569 GC 24 2014/10/31 2014/11/13 (2014) Tai Zhong Min Zhong Intermediate People's Court of Taizhou Municipality, Jiangsu Zi No. 00803 Province GC 24 2014/10/31 2014/11/13 (2014) Tai Zhong Min Zhong Intermediate People's Court of Taizhou Municipality, Jiangsu Zi No. 00827 Province GC 24 2014/11/05 2014/11/20 (2014) Shang Li Er Min Shen Intermediate People's Court of Municipality, Henan Zi No. 149 Province GC 24 2014/11/06 2014/12/10 (2014) Xiu Min Yi Chu Zi People's Court of , Anhui Province No. 01159 GC 24 2014/11/14 2014/12/24 (2014) Xuan Zhong Min Yi Intermediate People's Court of Municipality, Anhui Zhong Zi No. 00608 Province GC 24 2014/11/17 2014/12/15 (2013) E Zhi Jiang Min Chu People's Court of Zhijiang Municipality, Hubei Province Zi No. 02426 GC 24 2014/11/28 2014/12/22 (2014) Er Zhong Min San No. 2 Intermediate People's Court of Tianjin Municipality Zhong Zi No. 265 GC 24 2014/12/18 2015/01/17 (2014) Feng Min Yi (Min) Fengxian District People's Court of Shanghai Municipality Chu Zi No. 1893 GC 24 2015/01/05 2015/01/26 (2014) Hui Min Chu Zi No. People's Court of Huinan County, Jilin Province 262 GC 24 2015/01/27 2015/09/12 (2014) Hang Jian Min Chu Zi People's Court of Municipality, Zhejiang Province No. 698 GC 24 2015/02/09 2015/02/13 (2015) Tai Min San Zhong Zi Intermediate People's Court of Tai'an Municipality, Shandong No. 22 Province GC 24 2015/03/05 2015/03/25 (2014) Ji Min Si Zhong Zi Intermediate People's Court of Jinan Municipality, Shandong No. 892 Province GC 24 2015/03/11 2015/05/02 (2015) Chao Zhong Fa Min Intermediate People's Court of Municipality, Yi Zhong Zi No. 23 Guangdong Province GC 24 2015/04/15 2015/08/03 (2014) Min Min Yi (Min) Minhang District People's Court of Shanghai Municipality Chu Zi No. 13549 GC 24 2015/04/20 2015/07/23 (2015) Zhe Hang Min Zhong Intermediate People's Court of Hangzhou Municipality, Zhejiang Zi No. 706 Province GC 24 2015/04/23 2015/06/25 (2014) Wan Min Chu Zi No. Wancheng District People's Court of Nanyang Municipality, 707 Henen Province GC 24 2015/04/23 2015/11/09 (2015) Gui Shi Min San Intermediate People's Court of Guilin Municipality, Guangxi Zhong Zi No. 37 Zhuang Automous Region GC 24 2015/04/27 2015/05/21 (2015) Zhao Zhong Fa Min Intermediate People's Court of Municipality, San Zhong Zi No. 69 Guangdong Province GC 24 2015/05/29 2015/07/27 (2015) Rong Min Zhong Zi Intermediate People's Court of Fuzhou Municipality, Fujian No. 1757 Province GC 24 2015/06/04 2015/07/16 (2015) Lai Zhong Min Yi Intermediate People's Court of Laiwu Municipality, Shandong Zhong Zi No. 50 Province GC 24 2015/06/05 2015/06/24 (2015) Er Zhong Bao Min No. 2 Intermediate People's Court of Tianjin Municipality Zhong Zi No. 218 GC 24 2015/06/09 2015/06/24 (2014) Hu Tie Zhong Min Shanghai Railway Transportation Intermediate Court Zhong Zi No. 14 GC 24 2015/06/19 2015/07/22 (2015) Xin Zhong Min Yi Intermediate People's Court of Xinxiang Municipality, Henan Zhong Zi No. 241 Province GC 24 2015/06/19 2015/07/30 (2015) Mei Feng Fa Min Yi People's Court of Fengshun County, Guangdong Province Chu Zi No. 21 GC 24 2015/06/19 2015/09/10 (2015) Zhe Hang Min Zhong Intermediate People's Court of Hangzhou Municipality, Zhejiang Zi No. 1012 Province

Copyright 2016 by Stanford University 22

Final Edition

Guiding Date of Date of Subsequent Case Number Deciding Court Case No. Adjudication Release GC 24 2015/06/26 2015/08/21 (2015) Min Shen Zi No. 1194 Supreme People's Court

GC 24 2015/06/26 2015/08/21 (2015) Min Shen Zi No. 1195 Supreme People's Court GC 24 2015/07/03 2015/08/06 (2015) Chang Min Si Zhong Intermediate People's Court of Changde Municipality, Hunan Zi No. 137 Province GC 24 2015/07/22 2015/08/31 (2015) Bin Zhong Min Yi Intermediate People's Court of Binzhou Municipality, Shandong Zhong Zi No. 342 Province GC 24 2015/08/14 2015/09/25 (2015) Dang Min Yi Chu Zi People's Court of , Anhui Province No. 01361 GC 24 2015/08/20 2015/10/13 (2015) Pu Min Liu (Shang) Pudong New District People's Court of Shanghai Municipality Chu Zi No. 4301 GC 24 2015/08/26 2015/12/22 (2015) Huo Min Yi Chu Zi People's Court of , Anhui Province No. 148 GC 24 2015/09/02 2015/09/23 (2015) Shang Min Zhong Zi Intermediate People's Court of Shangqiu Municipality, Henan No. 986 Province GC 24 2015/09/07 2015/10/28 (2015) Bo Min Chu Zi No. People's Court of , Shandong Province 609 GC 24 2015/09/08 2015/11/02 (2015) Yan Zhong Min Yi Intermediate People's Court of Yanbian Korean Autonomous Zhong Zi No. 375 Prepercture, Jilin Province GC 24 2015/09/23 2015/12/22 (2015) Zhang Min Zhong Zi Intermediate People's Court of Zhangzhou Municipality, Fujian No. 573 Province GC 24 2015/10/23 2015/11/24 (2015) Shang Min Zhong Zi Intermediate People's Court of Shangqiu Municipality, Henan No. 908 Province GC 24 2015/11/05 2015/12/25 (2014) Yang Xi Fa Min Chu People's Court of Yangxi County, Guangdong Province Zi No. 1043 GC 24 2015/12/04 2015/12/22 (2015) Ji Min Wu Zhong Zi Intermediate People's Court of Jinan Municipality, Shandong No. 733 Province GC 25 2014/08/25 2014/09/15 (2014) Guang Tie Zhong Fa Guangzhou Railway Transportation Intermediate Court of Li Min Zhong Zi No. 22 Guangdong Province GC 26 2015/08/10 2015/12/15 (2015) Tong Xing Chu Zi No. Intermediate People's Court of Tongliao Municipality, Inner 30 Mongolia Autonomous Region GC 34 2015/7/6 2015/9/1 (2015) Rong Min Chu Zi No. Intermediate People's Court of Fuzhou Municipality, Fujian 629 Province GC 34 2015/11/9 2015/12/22 (2015) Su Zhi Fu Zi No. 113 Higher People's Court of Jiangsu Province GC 41 2015/1/21 2015/8/12 (2015) Yan Jiang Xing Chu Yanjiang District People's Court of Municipality, Sichuan Zi No. 4 Province GC 41 2015/8/11 2015/9/29 (2015) Yu Fa Xing Zhong Zi Higher People's Court of Henan Province No. 244 GC 45 2015/9/23 2015/10/12 (2015) Yi Zhong Min Zhong No. 1 Intermediate People's Court of Beijing Municipality Zi No. 05826

Copyright 2016 by Stanford University