Publication Date
2023
Document Type
Article
Publication Title
Hong Kong Law Journal
Volume
53
Issue
3
Recommended Citation
Dong Yan & Jeffrey E. Thomas,
Empirical Study of the Role of the Chinese Guiding Case System in Chinese Law,
53
Hong Kong Law Journal
1057
(2023).
Available at:
https://irlaw.umkc.edu/faculty_works/946
Comments
This article reports on a study of Guiding Case (GC) No 18 in the field of employment law from its selection in 2013 to 2021. The study found that only 4.3 per cent of judgments on the same topic cited GC No 18. However, the study also found that 64 per cent of judgments were decided consistently with the GC. This supports the inference that the GC was influential without being cited. The study also considered the influence of a judicial Meeting Summary on the same topic. The Meeting Summary was cited in 12.1 per cent of judgments, more often than the GC. In addition, a higher proportion of judgments were consistent with the GC after the Meeting Summary, 82.6 per cent compared to 34.6 per cent before. Although the precise relationship between the GC and the Meeting Summary is not clear, both were influential, warrant further study and may contribute to legal reform.