On December 1, 2021, the Implement Measures of the Supreme People's Court for Uniform Application of the Law (hereinafter referred to as the Implement Measures) came into effect, meanwhile, the Supreme People's Court issued the Interpretation and Application of the Implement Measures of the Supreme People's Court for Uniform Application of the Law to introduce and explain the background and main contents of the Implementation Measures. The detailed could be seen here:
When judges hear cases, in addition to the ones stipulated in the Guidance for class-case retrieval that should be retrieved for class -cases, four types of cases specified in the Several Opinions on Improving Judicial Responsibility System of the People's Court by the Supreme People’s Court and the Guidance on Further Improving the Supervision and Management Mechanism for “Four Types of Cases” by the Supreme People's Court should also be performed a class-case retrieval for the purpose of strengthening the supervision and management of those cases and responding appropriately to the expectations of the parties. The “four types of cases” comprise:
(1) where the cases are major, difficult, complicated or sensitive;
(2) where the cases involve mass disputes or cause widespread public concern that may affect social stability;
(3) where the cases are likely to be conflicts with the class-case judgment of the same court or a higher people's court;
(4) where the cases are reported by unit or individual concerned that the judge has committed illegal judicial acts.
In addition, with respect to the cases protested by the Supreme People's Procuratorate, the ruling cases submitted by the public prosecution organ, the parties and the defenders, and agents AD litem in the process of trail, or the cases of which claims are supported by the effective class-case judgment of the Supreme People's Court, class-case retrieval is a must to ensure there is no divergences in application of the law among effective judgments of the highest laws. More than that, the Implement Measures also standardized the form of class-case retrieval report to ensure that the process of retrieval for the focus of the dispute performed by the judges, the different judgment opinions retrieved, and the opinions and reasons to be adopted for the cases are fully recorded.