China’s Promotion of Case-Based Legal Reasoning in the BRICS
Images: George Hodan, Judge Gavel;
Maliz Ong, Black and White Brick Wall (Publicdomainpictures.net)
In 2018, I co-authored an article titled Propagation of a Case Culture in China and Potentially Beyond. Based on an analysis of how 96 Guiding Cases, de facto binding cases released by China’s Supreme People’s Court available at the time, had been referenced in 1,281 subsequent cases decided by courts across the country, my co-authors and I drew this conclusion: “the preliminary success of [Guiding Cases] seems to have provided fertile ground for the propagation of a case culture in China and, given the country’s eagerness to increase its presence around the world, this culture may have a chance to be propagated elsewhere.” Just such an opportunity for China to propagate a culture of applying case-based legal reasoning in the BRICS arose in mid-June.Read more
