SPP Provisions on Case Guidance Work

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Title: Supreme People's Procuratorate Provisions on Case Guidance Work

Promulgating Entities:Supreme People's Procuratorate

Reference number: Gao Jian Fa Yan Zi [2010] No.3

Promulgation Date: 7/30/2010

Expiration date:

Supreme People's Procuratorate Provisions on Case Guidance Work

(Passed by the 40th meeting of the eleventh procuratorate committee of the Supreme People's Court on July 29, 2010)

Article 1: The following Provisions are formulated so as to fully bring into play the function of guiding cases, standardize the procuratorates' case guidance efforts, and summarize procurate work experiences.

Article 2: The guiding case system established by the procuratorates shall be rooted in procuratorate practice, selecting cases handled by the procuratorates that have broad guidance value in areas such as ascertaining facts, crediting evidence, application of law and regulating discretion, so as to provide guidance and reference to the nation's procuratorates in handling cases in accordance with law, advancing the uniform and just implementation of law.

Article 3: Guiding cases refers to cases with broad guidance value handled by the procuratorates in the course of performing their legal supervision duties, primarily including:

(1) Cases of filing or non-filing for crimes abusing public office;
(2) Cases approving (deciding) or not approving (deciding) on arrest, and cases on indictment or non-prosecution;
(3) Procuratorate appeals in Criminal, Civil or Administrative cases;
(4) State compensation cases;
(5) Appeal cases related to the procuratorate;
(6) Other novel, difficult or typical cases.

Article 4: The Supreme People's Procuratorate establishes a Case Guidance Work Committee responsible for review, selection and publication of guiding cases.

The Case Guidance Work Committee is composed of Supreme People's Procuratorate relevant leaders, operational department heads and legal experts.

Article 5: A Supreme People's Procuratorate Case Guidance Work Committee's work institution is established within the policy research center and is responsible for the daily affairs of the Case Guidance Work Committee, and for work such as the uniform acceptance, selection and delivery, recommendation and collection of cases, and reporting to the Case Guidance Work Committee for review and decisions.

Article 6: Each operational department of the Supreme People's Procuratorate may select and deliver cases handled by people's procuratorates that they feel meet the requirements for guiding cases to the Supreme People's Procuratorate Case Guidance Work Committee.

Provincial level people's procuratorates conduct a review of cases on which they have completed handling or which lower level people's procuratorates have selected and delivered, and where finding that they might serve as guiding cases, select and deliver them to the Supreme People's Procuratorate Case Guidance Work Committee after review.
Article 7: The Supreme People's Procuratorate Case Guidance Work Committee may collect relevant cases from all levels of local people's procuratorates.

People’s congress representatives, political consultative conference members, experts and scholars, and other people from all parts of society may recommend cases handled by people's procuratorates that they feel meet the requirements for guiding cases to the Supreme People's Procuratorate Case Guidance Work Committee.

Article 8: Cases that are selected and delivered, recommended or collected shall meet the following requirements:

(1) are cases that has already taken legal effect;

(2) have one of the following situations:

1. Cases for which issues of applicable law under the current law are more doctrinal and not sufficiently clear and specific;

2. Novel case types that might recur or cases that could easily have biased enforcement;

3. Hot cases with intense public feedback or social concern;

4. Other cases that have guidance value for application of law.

(3) Cases that are typical or representative in terms of ascertaining facts, application of law, understanding polices or legal supervision practice;

(4) Correctly apply the law, explain the law in accordance with the legal principles and spirit; the legal disposition is proper and the social effect positive.

Article 9: Units or departments selecting and delivering or collecting cases shall provide the following materials:

(1) Completes a "Case Selection and Delivery Form", briefly explaining the reason and basis for the selection and delivery;

(2) Case materials composed in accordance with the style requirements of these Provisions;

(3) Relevant legal documents.

The materials described above are to be sent together as paper and digital media.

Article 10: The style for writing case materials includes five parts, the title (main title and subtitles), key point, basic case facts, principle issues in controversy, and the reasons for disposition; and must meet the following drafting requirements:

(1) Title, the main title should delineate the core content, with subtitles for the parties and cause of action;

(2) Key points; briefly outline the specific points with guidance value;

(3) Basic case facts; accurately and concisely, give a nuanced summary of the basic circumstances reflected in the case, including the case handling history, the opinions of relevant parties and also the final disposition;

(4) Principle issues in controversy; comprehensively introduce the the focus of the controversy or the different opinions.

(5) Reasons for disposition; on the basis of analyzing and assessing the case, set out its value in guiding other case.

Article 11: After the Supreme People's Procuratorate Case Guidance Work Committee conducts an initial review of cases that are selected and delivered, recommended or collected, it will distribute them to the relevant operations departments which will submit review opinions.

Where relevant operations review and agree that it should be a guiding case, they shall prepare relevant materials and deliver them to the Case Guidance Work Committee's work organization, which will report to the Case Guidance Work Committee for deliberation. When necessary, convene an experts discussion group for discussion.

Article 12: Case work organization to guide the work of the Committee shall be submitted in advance to guide Case Case Material Working Committee Members discussed the distribution, and in the meeting for a brief description of the case.

Article 13: The Case Guidance Work Committee implements a principle of democratic centralism in reviewing guiding cases, carrying out collective discussion of the cases.

Those that the Case Guidance Work Committee finds shall be guiding cases are proposed to the procuratorial committee for deliberation and decision.

Article 14: The procuratorate's guiding cases are publicly released by the Supreme People's Procuratorate to act as one model of guidance for the nation's procuratorate work.

Cases that summarize experience and training, and cases not suitable for public release, may be released internally within the procuratorates.

Article 15: After guiding cases are released, all levels of people's procuratorate may consult them in implementation.

Article 16: Where the procurator undertaking case handling feels that a guiding cases should not be applied when handling a case of the same type or disposing of a problem of the same type, he shall submit an opinion in writing and report the situation to the chief procurator or procuratorial committee for a decision.

Article 17: Public release of guiding cases is made through the following channels to give all levels of procuratorate and all aspects of society for inquiry:

(1) Public announcements by the Supreme People's Procuratorate;

(2) Compilations of people's procuratorate guiding cases;

(3) The Supreme People's Procuratorate website.

Article 18: The Supreme People's Procuratorate shall strengthen communication with relevant organs when launching case guidance work. When necessary, it may solicit comments from relevant organs or jointly release guiding cases with relevant organs.

 

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