One. In accordance with Article 9 of the new CCP Guidelines, the head cases in the pending case will be used (参照) or followed, unless such main cases are contrary to the law subsequently adopted or the interpretation given by the court. Other types of precedents are not binding and concern only the presiding judge. In 1986, the National People`s Congress adopted the General Principles of Civil Law of the People`s Republic of China, which helped to clarify the scope of civil law. Article 2 of the document provides that civil law governs personal and property relations between equal natural and legal persons. It covers a wide range of topics, including general principles, matrimonial law, property law, contract law, copyright and trademark law. From the point of view of some researchers, business law, such as company law, bankruptcy law, insurance law and the right to negotiable instruments, differs from civil law. With the Deng Xiaoping reforms that began in the late 1970s, there has been a return to socialist legality. The judicial system was taken over and a relatively comprehensive legal system was created thanks to 30 years of legislative efforts, despite the traditional general impression of China in Western countries.
The practice of 1952-1976 in relation to the court was abandoned. China is currently trying to develop a new alternative dispute resolution (ADR) regime. The development of the current legal system dates back to the late 1970s, after the end of the Cultural Revolution. After more than 30 years of efforts, the People`s Republic of China, through the texts of the National People`s Congress and its Standing Committee, has created a fairly comprehensive legal system with constitution, civil and commercial law, criminal law, administrative law, economic law, procedural law, etc. Currently, there are more than 11,000 law firms in China, with more than 118,000 lawyers. Legal practice has also gradually evolved into new areas such as finance, real estate and, to a lesser extent, human rights. Overall, however, the size of China`s legal profession is still too small to meet the demands for growth and modernization. In addition, lawyers still cannot play an important role in sensitive cases and can freely defend clients. Some of them have even been accused of perjury as punishment. On the 27th. In July 2020, the SCC issued new guidelines entitled Guidance Notice on Strengthening the Search for Similar Cases to Unify Law Enforcement (for Trial Implementation) (New PAC Guidelines), which came into effect on July 31, 2020. When courts decide cases, judges must conduct relevant investigations and follow precedents if the conditions are met.
Therefore, precedents will play an increasingly important role in Chinese legal practice in the future. Lawyers must assist courts or arbitral tribunals with respect to precedents in the PRC. Cases are decided in two instances of the trial before the People`s Courts. This means that a party can appeal to the people`s court at the next higher level only once due to a judgment or order of first instance of a local people`s court, and the people`s procuratorate can protest against a court decision at the people`s court at the next higher level. However, a limited number of civil and commercial cases can be heard for the third time under the Code of Civil Procedure, a regime known as the Supervision of Proceedings. In addition, judgments or orders of first instance of the local people`s courts become legally effective at different levels if no party appeals within the prescribed time limit for appeal. All judgments and orders issued by the Supreme People`s Courts as the Court of First Instance shall take effect immediately. As in imperial times, dispute settlement in China relied heavily on community mediation rather than litigation within a formal judicial system. Although a large number of disputes in China to date are settled informally through joint mediation, nowadays ordinary people are increasingly taking legal action to settle their disputes. Courts are overloaded in many parts of China (for example, judges at the Chaoyang District Basic People`s Court and Haidian District in Beijing have an average number of 300-400 cases per year). Traditionally, the emphasis has been on compromise, maintaining social harmony and establishing order.
But unlike in previous eras, especially in the first part of the communist era, there were mass show trials and public criticism to enforce the party line, establish party dominance, and give examples of certain values of society. In May 1996, the Lawyers Act was enacted by the AFN. He recognized the development needs of the legal profession. The definition of a lawyer was eventually changed from “state legal worker” to “a professional who legally obtains a lawyer`s certificate and provides legal services to the company.” The law establishes the conditions required for the exercise of the right; describes the professional capacity, rights and duties of a lawyer; Rules for Pro Bono. Over the past two decades, legal education has proceeded in parallel with the growth of the legal profession.