Relationship of guiding cases to economic development and judicial civilization in China

Tang, Mengling (2024) Relationship of guiding cases to economic development and judicial civilization in China. PUBLIC GOODS AND GOVERNANCE, 9 (1). pp. 9-38. ISSN 2732-2882

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Abstract

The case guidance system, as a case system with Chinese characteristics, has its main guiding cases generated by the Supreme People's Court's (SPC) selection of cases recommended by courts at all levels. Guiding cases originating in various places and at various trial levels are de facto binding throughout the country and should be referred to by courts at all levels when hearing cases similar to the guiding cases. As the guiding cases have a strong judicial administrative attribute, this leads to their production and use in relation to a number of external factors. This paper mainly examines whether the generation and use of guiding cases are correlated with economic development and judicial civilization indices. It is derived from the collection and analysis of the number of guiding cases generated and used, economic development, and judicial civilization index in 31 provinces in mainland China: (1) Although there is no obvious positive correlation between the use of guiding cases and the generation of guiding cases, there is a certain relationship, and the provinces that generate a lot of guiding cases also have a relatively large number of judgments using guiding cases; (2) The use of guiding cases has a significant correlation with economic development, the more the economy develops, the higher the number of guiding cases used; but it is also related to the population size of the region and the number of cases adjudicated each year; (3) There is no significant correlation between the use of guiding cases and the judicial civilization index, but the provinces that use more guiding cases generally also rank relatively high on the index.

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