People's Daily Online, Beijing, May 10 (Qing Yang, Bo Chendi) On the 7th, the Supreme Court released the “Working Procedures for the Construction and Operation of the People's Court Case Database” (hereinafter referred to as the “Procedures”), which set out the standards and procedures for the entry of reference cases into the database. , dynamic adjustment, etc. to make specifications.
It is understood that the People's Court Case Library is a case resource library unifiedly constructed by the Supreme People's Court. The case library contains guiding cases issued by the Supreme People's Court and reference cases reviewed and entered by the Supreme People's Court for inquiry and use by people's courts at all levels and the public. , study and research. Cases entered into the database are divided into five types: criminal, civil, administrative, state compensation, and execution.
The “Procedures” stipulate that the reference cases included in the case database of the People's Court should be cases whose judgments have become legally effective and have reference and demonstration value for the trial of similar cases. Generally, no more than two reference cases will be included on the same specific legal application issue.
At the same time, state agencies, law schools, lawyers associations and other units, experts and scholars, lawyers and other individual citizens can recommend reference cases to the People's Court case database. Units and individuals recommending reference cases can do so through the People's Court Case Database Platform or through letters or other means.
Regarding the search and use of cases in the database, the “Procedures” propose that when hearing cases, people's courts at all levels should search the case database of the people's court, strictly follow laws and judicial interpretations, normative documents, and make decisions with reference to similar cases in the database. When the people's courts at all levels refer to similar cases in the database when hearing cases, they can use the reasons and gist of the judgments of similar cases as considerations and reasons for the judgment of the current case, but they will not be used as the basis for the judgment. If the public prosecution agency, parties and their defenders, litigation agents, etc. submit cases to the database as grounds for prosecution (prosecution) and defense, the People's Court shall respond in the reasoning of the judgment document.
In addition, the People's Court case database implements a dynamic adjustment mechanism. When the people's courts at all levels are trying cases, if it is found after searching that the case database of the people's court does not include similar cases, and the legal application issues involved in the case being tried are difficult and complex, they can request instructions on the relevant legal application issues, or apply for a higher-level jurisdiction; If the trial is continued by this court, it should be submitted to the adjudication committee for discussion and decision; if it is found through searching that there are similar cases included in the case database of the People's Court, but it is considered that the case under trial has special circumstances and it is not appropriate to refer to the cases included in the database, it should be submitted to the adjudication committee for discussion and decision.
The “Regulations” contain a total of thirty articles and will come into effect on May 8, 2024.
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