What functions do minutes serve in judicial practice?
There are two main functions of minutes according to the two categories of minutes.
When the case involves a new situation that goes beyond the scope of the present law, the minutes, as new principles, try to guide judges in dealing with such a case.
Minutes as explanations or clarifications of present laws try to guide judges, especially in lower courts, to accurately understand and apply the present laws. Due to the broad nature of the activities and various circumstances in China, statutes are frequently very general. It is therefore necessary for the Supreme Court and Superior Courts to steer the judges in a correct application of the present laws. Minutes act as an effective tool in this endeavor.
With the perfection of the Chinese legal system and continual improvement of judiciary qualifications, the function of minutes will taper off and lose their importance.
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