Home > Research > Publications & Outputs > Rethinking China’s Emerging Case Law System

Research

Electronic data

View graph of relations

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

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Forthcoming

Standard

Rethinking China’s Emerging Case Law System: Empirical Insights and Challenges to Prevailing Assumptions. / Xu, Lu.
In: Legal Studies, 11.08.2025.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Xu, L 2025, 'Rethinking China’s Emerging Case Law System: Empirical Insights and Challenges to Prevailing Assumptions', Legal Studies.

APA

Xu, L. (in press). Rethinking China’s Emerging Case Law System: Empirical Insights and Challenges to Prevailing Assumptions. Legal Studies.

Vancouver

Xu L. Rethinking China’s Emerging Case Law System: Empirical Insights and Challenges to Prevailing Assumptions. Legal Studies. 2025 Aug 11.

Author

Xu, Lu. / Rethinking China’s Emerging Case Law System : Empirical Insights and Challenges to Prevailing Assumptions. In: Legal Studies. 2025.

Bibtex

@article{bfbafcfddbee479981107940c55fe1c7,
title = "Rethinking China{\textquoteright}s Emerging Case Law System: Empirical Insights and Challenges to Prevailing Assumptions",
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 {\textquoteleft}de facto binding{\textquoteright} 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 {\textquoteleft}mandatory searches for similar cases{\textquoteright}, 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{\textquoteright}s case law system and the broader implications of this novel approach for the use of cases in contemporary judicial practice.",
author = "Lu Xu",
year = "2025",
month = aug,
day = "11",
language = "English",
journal = "Legal Studies",
issn = "0261-3875",
publisher = "Wiley-Blackwell",

}

RIS

TY - JOUR

T1 - Rethinking China’s Emerging Case Law System

T2 - Empirical Insights and Challenges to Prevailing Assumptions

AU - Xu, Lu

PY - 2025/8/11

Y1 - 2025/8/11

N2 - 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.

AB - 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.

M3 - Journal article

JO - Legal Studies

JF - Legal Studies

SN - 0261-3875

ER -