Xinhua News Agency, Beijing, May 7 (Reporter Luo Sha) The Working Procedures for the Construction and Operation of the People's Court's Case Library, published by the Supreme People's Court on the 7th, proposed that when people's courts at all levels try cases, they should search the case library of the people's courts, strictly follow the laws and judicial interpretations, normative documents, and make decisions by referring to similar cases in the library.
It is reported that the case database of the people's courts is a case resource database uniformly constructed by the Supreme Law, which includes guiding cases issued by the Supreme Law and reference cases reviewed and entered into the database by the Supreme Law for people's courts at all levels and the public to inquire, use, study and study. Warehousing cases are divided into five types: criminal, civil, administrative, state compensation, and enforcement. State organs, law schools, lawyers associations and other units, experts, scholars, lawyers and other individual citizens can recommend reference cases to the case library of the People's Court.
According to the Supreme Law, if people's courts at all levels refer to similar cases in the library when trying cases, they can take the reasons and gist of similar cases as the consideration and reference of the case, but not as the basis of the judgment. If the public prosecution organ, the parties and their defenders, agents ad litem, etc. submit the warehousing case as the reason for the charge (lawsuit), the people's court shall respond in the reasoning of the judgment document.
When people's courts at all levels try cases, if they find that the case database of people's courts does not contain similar cases, and the application of law involved in the cases being tried is difficult and complex, they can apply for instructions on the application of relevant laws, or report to a higher level for jurisdiction; If the court continues the trial, it shall submit it to the judicial committee for discussion and decision. When people's courts at all levels try cases, they find similar cases in the case database of people's courts after searching, but they think that the cases being tried have special circumstances and it is not suitable to refer to the cases in the library, they shall submit them to the judicial committee for discussion and decision.
