Rethinking China’s emerging case law system: empirical insights and challenges to prevailing assumptions

This paper examines China’s emerging case law system through an empirical analysis of more than 10,000 court judgments issued between 2019 and 2021. It challenges prevailing academic views that Guiding Cases are ‘de facto binding’ on Chinese courts and that China’s case law system could be interpreted through a common law lens. Instead, the study shows that the Chinese approach is characterised by distinct objectives, methodologies, and applications. The paper further highlights the practice of ‘mandatory search for similar cases’, which has substantially expanded the role of cases in judicial decision-making. China’s case law system remains in its formative stages, marked by notable uncertainties and challenges. This research underscores the importance of sustained empirical inquiry into legal rules and practices to better understand the trajectory of China’s case law system and the broader implications of this novel approach for contemporary judicial practice.