Research On The Case Guidance System

The human history incorporates both invention and discovery.According to professor Edgar Bodenheimer,it is law that should be coronated as the greatest invention in the history,for the reason that while others lead to the mastery of nature,law man's self being.Law provide state,society and citizens with all kinds of norms,with are supposed to be universally abode by and revered if order and just are ever to be enjoyed by mankind.Meanwhile,only when law functions properly as the adjuster of conflicting interests,shall mankind be free from war,carnage,riot and bloodshed.In several thousands years of human civilization,different genealogies of law,such as Civil Law,Common Law,Islamic Law and Chinese Law,founded,thrived and merged.Considering the ancient ones faded away largely because of their isolation and purity,the mutual understanding and acceptance is the only choice other than extinction that is available to both Civil Law and Common Law.The adoption of Common Law's stare decisis principle by Civil law,is one of the most successful attempts.Given the fact that most esteemed legislators are not so omniscient as to elaborate universally functional mighty mechanic,it is the application of law that in fact satisfies differential needs.Were it not for the precedents,the judicial branch would very much function as probing on the shadows and shapes in Plato's cave.In other words,judges of either Civil law or Common Law might as well turn to precedents,if the justice in particular cases is to be served.Stare decisis has never been officially recognized in People's Republic of China.Nevertheless,since November the 26 th,2010,the supreme court of China has showed a broader and broader view towards precedents.Till October,2015,the supreme court of China has propagated 52 guiding cases,which not only complements professional training of judicial branch,but is also in favour of unification of judicial decision within one country.Based on this judgment,author attempts to start from the definition of case guidance system,defines the connotation and function,clarifies the relation between the guide case and reference,case law,analyzes the legal status of the guiding case,and puts forward that explains the guiding case judicial status,at the same time for the case guidance the content of the system makes a comprehensive explanation,put forward the basic rules of the case application,and No.24 civil guiding case as an example of the process of judicial interpretation.The paper makes an empirical analysis of the characteristics and application of the 52 guiding cases,and analyzes the problems in the application of the guiding cases,and puts forward specific countermeasures and suggestions for further improving the case guidance system.From the view of basic theory research and application case of judicial guidance,from the representative of common law and civil law countries of the two legal systems in use,features and fusion,the development of the case,on the academic research should focus on the detailed elaboration and analysis.It is said the theme of the 21 st century is rule of law,which was born in macroscopic scale but live in a microscopic one.Only in particular cases shall rule of law revive and persist.