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Law

Supreme Law: Courts at all levels should search and refer to the "People's Court Case Library" when trying cases

2024-05-07   

The "Regulations on the Construction and Operation of the People's Court Case Library" released by the Supreme People's Court on the 7th proposed that when people's courts at all levels hear cases, they should search the case library of people's courts, strictly follow laws and judicial interpretations, normative documents, and make judgments based on similar cases stored in the database. It is reported that the People's Court Case Library is a case resource library uniformly constructed by the Supreme People's Law, which includes guiding cases issued by the Supreme People's Law and reference cases reviewed and stored by the Supreme People's Law, for the people's courts at all levels and the public to query, use, learn, and research. Inventory cases are divided into five types: criminal, civil, administrative, state compensation, and enforcement. State organs, law schools, bar associations, and other units, experts, scholars, lawyers, and other individual citizens can recommend reference cases to the People's Court case library. The Supreme Law proposes that if people's courts at all levels refer to similar cases in the trial of cases, they can consider and cite the reasons and main points of similar cases as the basis for the judgment of this case, but not as the basis for the 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. When people's courts at all levels try cases, if it is found through search that similar cases are not included in the case database of the people's courts, and the legal application issues related to the cases being tried are difficult and complex, they can apply for instructions on 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, they have found similar cases in the case database of the people's court through search. However, 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. (Lai Xin She)

Edit:Jia jia Responsible editor:Wang Chen

Source:xinhuanet.com

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