Abstract
The Supreme People's Court and the Supreme People's Procuratorate have each introduced their own “Provisions Concerning Work on Guiding Cases,” marking the official establishment of China's guiding case system. The guiding case system is case law with Chinese characteristics. Its establishment has caused China to create a multivariate legal system—combining law, judicial interpretation, and guiding case rules. This article focuses on the mechanisms of rulemaking, exploring China's traditional “lü—li” case law system, analyzing the mechanisms of rulemaking in ancient China, and determining through concrete analysis whether or not judicial precedent existed at that time. This article also compares the mechanisms of rulemaking under civil law and Anglo-American case law. On this basis, this article discusses the function of China's guiding case system and predicts its role in judicial practice as an alternative rulemaking mechanism to law and judicial interpretation.
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