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SPC Issues Measures for Regulating Judicial Discretion and Unifying Application of Law
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Chinese
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Category：Legislative Updates
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Keywords：discretionary power; judicial justice
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Source：Pkulaw
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Publish Date：12-09-2021
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The Supreme People's Court (SPC) has recently issued the Implementation Measures for Unifying the Application of Law.
The Measures stipulates, the SPC should conduct the retrieval of similar cases not only at the trial of cases as required by the Notice by the Supreme People's Court on the Guiding Opinions on Unifying the Application of Law by Strengthening the Retrieval of Similar Cases (for Trial Implementation), but also at the trial of "Four Special Types of Cases" as provided for by the Guiding Opinions of the SPC on Further Improving the Regulatory Mechanism for “Four Special Types of Cases", as well as cases where the Supreme People's Procuratorate lodges a protest, and cases where the procuratorial organ, the party concerned, the defense counsel or the agent for the suit thereof quotes the SPC's Guiding Cases or its effective judgements to support their claims, so as to tighten the supervision and management over the “Four Special Types of Cases”and ensure the consistency in effective judgements of the SPC regarding the application of law.
The Measures also lays down the unified report format for the retrieval of similar cases which can fully demonstrate the retrieval process of similar cases by the judge concerned regarding the main issues in dispute, as well as the different judgement opinions retrieved, and the opinions and reasons intent to be adopted.
Moreover, the Measures further clarifies the scope of cases to be discussed at the conference participated by professional judges from different departments of the SPC. An interdepartmental conference mechanism of professional judges will be established and improved to explore solutions for the inconsistency in the inter-departmental application of law or major interdisciplinary law application issues.
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