Stanford’s China Guiding Cases Project has recently posted two expert commentaries on the first batch of guiding cases released by the Supreme People’s Court. Both commentaries are available in English and Chinese.
Prof. Wang Chenguang of Tsinghua University School of Law comments on the differences between Chinese Guiding Cases and stare decisis in common law countries. Prof. Wang’s commentary also addresses some of the still unresolved issues of how courts will apply the Guiding Cases in practice.
Chief Judge Jiang Heping of the First Civil Division of the Dongguan Municipality No. 2 People’s Court in Guangdong Province discusses the second Guiding Case, Wu Mei v. Meishan Xicheng Paper Co., Ltd. of Sichuan Province involving the role of settlements in the Chinese legal system. The case clarifies the distinctions among settlement, mediation, and adjudication in Chinese courts. Chief Judge Jiang’s court has been designated a “Court for National ADR Initiative” by the Supreme People’s Court.
The CGCP team is busy working on China law summaries on specific areas of law. Look for these to be posted soon on the Web site. The first law summaries will probably cover contract law, criminal law, environmental law, and alternative dispute resolution.
China Guiding Cases Project