Publication of Chinese Court Cases

[Arthur Tan-Chi Yuan]

According to "Supreme People's Court's Regulation on Publishing Court Decisions on the Internet by People's Courts, No. 26, 2013," (hereinafter "New Regulation") starting January 1, 2014, the Supreme People's Court will establish a centralized web portal for publishing decisions and/or opinions of adjudicated cases from different levels of the People's Court.  Each People's Court is responsible for coordinating and uploading the decisions to the web portal.  Decisions nvolving national security, personal privacy, juvenile criminal cases, settlements, or otherwise inappropriate for publication are exempt from this requirement.  The web portal, yet to be identified, shall be searchable and provide convenient access to the public to browse and access the decisions.

This regulation repeals previous "Regulation on Publishing Court Decisions on the Internet by People's Courts, No. 48, 2010."

The New Regulation further requires that the decisions shall be uploaded within seven days from the effective date of the decision/judgment.

This New Regulation aims to promote judicial transparency and is in the same spirit as the section 205(a) of E-Government Act of 2002, Pub. L. 107-347.  The difference is that the New Regulation sets up a single web portal for decisions from all levels of People's Court, whereas section 205(a) codifies "individual court websites" to make all written opinions accessible in the federal court system. 

This New Regulation is a welcomed development as more IP related decisions should be available.

The Chinese version of the New Regulation is available here.

[Author’s note: The summary and translation from the New Regulation in Chinese are author’s own work, and any errors thereof shall not be attributed to any portion of the New Regulation.]