Rethinking China’s Emerging Case Law System : Empirical Insights and Challenges to Prevailing Assumptions

Xu, Lu (2025) Rethinking China’s Emerging Case Law System : Empirical Insights and Challenges to Prevailing Assumptions. Legal Studies. ISSN 0261-3875 (In Press)

Text (Chinese case law _ Legal Studies _ accepted)
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Abstract

This article examines China's emerging case law system through an empirical analysis of over 10,000 court judgments from 2019 to 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 argues that China's case law system is characterized by distinct objectives, methodologies, and applications. The article also emphasizes the role of ‘mandatory searches for similar cases’, which have significantly broadened the influence of cases in Chinese law. China's case law system is still in its formative stages, with notable uncertainties and challenges. This study underscores the need for continued empirical research 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 the use of cases in contemporary judicial practice.