On 15 July 2022, China’s Supreme People’s Procuratorate (SPP) released the 38th batch of guiding cases themed on “procuratorial supervision over effective civil judgments” (民事生效裁判监督) and notified the relevant work.
From 2020 to June 2022, procuratorates across China have supervised about 191,000 effective civil judgments, of which 12,000 were protested and 23,000 were suggested for retrials. Both the rate of revision of judgments by courts in response to the procuratorate’s protest and that of adoption of procuratorial suggestions for retrials by courts have increased dramatically.
Procuratorial supervision over effective civil judgments is an essential function of Chinese procuratorates. It allows procuratorates to lodge a protest with people’s courts and request for a retrial, when, in procuratorates’s view, the court’s effective judgment or ruling contains procedural or substantive errors, or that the court’s settlement statement has harmed the public interest.
The 38th batch of guiding cases contains four cases overall, involving disputes over private lending, residential purchase contracts, and lease contracts. When supervising these cases, the procuratorate lodged protests either at the request of the party concerned or on its initiative to perform its duties.
For more information on the duties of Chinese procuratorates, please read our previous posts.
Cover Photo by Texco Kwok on Unsplash