What are legal precedents? How shall they be applied during adjudication?
Precedents are arguments and rulings written concerning previous effective judgments or decisions of the Courts regarding a specific case that are selected by the Judges panel of the Supreme People’s Court and published by the Chief Judge of the Supreme People’s Court for other Courts to study and adopt during adjudication.
During adjudication, the Judges and the Assessor must study and adopt the precedent to ensure that the cases having similar legal circumstances shall have the same settlement result. Should the case involve a similar legal situation, but the Court does not adopt the precedent, the reason for this must be indicated in the Court’s judgment or decision.