Improving Case Guidance System and Promoting Judicial Impartiality and Fairness —— Luo Dongchuan, Keynote Speech at Third China-Singapore Legal and Judicial RoundtableFrom: CICC Updated: 2019-08-28
The Third China-Singapore Legal and Judicial Roundtable convened at the Supreme People's Court of China (the SPC) in the afternoon of August 28, 2019. Luo Dongchuan，judge of the Second Rank and Vice President of the SPC delivered a keynote speech on "the case applications under the framework of the Belt and Road initiative" and introduced the cases related to the Belt and Road Initiative issued by the SPC and China's case guidance system.
Luo Dongchuan pointed out that the construction of the Belt and Road Initiative advances with high quality and it becomes increasing important for the system of the rule of law to provide legal safeguard. The Belt and Road Initiative is a grand practical innovation in human history. It's implementation confronts the judges with new types of disputes and legal issues. Therefore, it is of great practical importance to set the rules of adjudication by ways of issuing guiding cases and typical cases. The SPC released two batches of 18 typical cases and 6 guiding cases related to the construction of the Belt and Road Initiative in recent years, which are of great significance to unification of the rules of adjudication and resolution of disputes in a timely manner.
Luo Dongchuan said that since the founding of the People's Republic of China, the SPC has summarized trial experience, published selections of cases and issued guiding cases to unify the rules of adjudication. The SPC has also founded the Gazette of the Supreme People's Court, and enacted the Provisions of the Supreme People's Court Concerning Work on Case Guidance. Based on these works, the case guidance system has gradually been established. The establishment of the case guidance system is of fundamental significance to judicial trials, legal education and legislation, and it promotes judicial impartiality and fairness. In line with the requirements of "let the judges handle cases", the Chinese courts establish the mandatory search mechanism for similar or related cases using modern information technology, which ensures that the guiding cases and other cases can play an essential role in case trial.
Luo Dongchuan said that the SPC would like to have more communications and discussions with its Singapore counterparts on the criteria used in identification of similar cases and balance between unified rules of adjudication for similar cases and impartiality to an individual case in view of its actual backgrounds, in order to optimize the case application under the framework of the Belt and Road Initiative. He also hoped that with the idea of openness and inclusiveness in mind and consciousness of adhering to the regulations, both sides would make a contribution to maintaining and promoting the development of the rule of law.
*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.