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【New System of Grand Chamber】The Grand Chamber of final courts timely rules by exercising oral argument and embracing opinions from diverse groups, bringing stability and predictability to the interpretation of laws

▍1.The timely adjudication to unify legal opinions brings stability and predictability to the interpretation of laws


The “Grand Chamber” system for the Supreme Court and the Supreme Administrative Court has been officially effective since July 4, 2019. When each trial division of the final court hears a case and find its opinion about a certain legal issue inconsistent with others, it should start the“inquiry procedure”required by the Grand Chamber. However, if the inquiry procedure fails to unify diversified opinions, the inquiring division should submit the dispute to the Grand Chamber that consists of elected representatives from each trial division, then unify opinions by adjudication. Eventually, the submitting division will issue the final judgment to the case in dispute following the decision of the Grand Chamber as a means of preventing similar cases(identical in fact) from yielding inconsistent judgments in different trial divisions. In other words, every judgment issued by final courts reflects the current, unified legal opinion that vests the interpretation with stability and predictability, consequently making the public to trust the judiciary more.


▍2.Measures to enhance the parties' rights to be heard by a court: the mandatory practice of oral arguments and a transparent due procedure; also, letting different voices in society to be accessible to the Grand Chamber


When hearing cases, the Grand Chamber must hold the oral argument, allowing prosecutors and parties' counselors to arrive at the court to debate and address their legal opinions. Additionally, experts and scholars can be invited to present opinions in court to bring diversity into the Grand Chamber's review. Once the process of unifying legal interpretation operates openly, and embraces various perspectives of social diversity, the public is more likely to believe our judicial decision to be reliable and well-considered. After the practice of the Grand Chamber system, the long-standing mechanism of precedents selection and the Supreme Court resolution(on civil, criminal, and administrative cases) was replaced and abolished simultaneously.


Please refer to the Grand Chamber section for more information.

  • Release Date : 2019-01-04
  • Update : 2021-07-09
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