| An unnoticed phenomenon is currently emerging in judicial practice in China:all participants of litigation are spontaneously evaluating pending cases by making reference to precedents. In sharp contrast to the case guidance system, spontaneous application of precedents has its unique characteristics. The phenomenon is externally caused by the "Internet+" reform, which requires courts to publish their judgments on the website "China Judgments Online", and internally driven by the insufficiency of rules and norms, the extensive formation of judicial self-identification and social identification, and the change of important features of litigation. In this process of spontaneous application, the connection between the precedent and the case to be adjudged, the self-motivation of, and the competition and game-playing between, litigants in the application of precedents, and the legitimacy of the handling of cases could effectively improve the quality of application of law in judicial practice. In particular, it could give full play to the wisdom and experience of the court system in the trial of difficult and complex cases. Moreover, the phenomenon of spontaneous application has also significant influence on the transformation and deepening of the research on legal theories and the improvement of legal norms and the mechanisms for their generation. Finally, it could also enable China to benefit from the advantages of case law while maintaining the basic civil law system, which, in terms of development trend, is for sure to bring about a profound revolution in the judiciary system. |
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