Research On The Application Of FALI In Guiding Cases Of The Supreme People's Court Of The PRC

At present,in China,with the judicial judgment of the people's court,it has an increasing impact on social life.Among them,the legal principles contained in the guiding cases selected by the Supreme People's court are more and more important for guiding the judicial judgment of the people's court and shaping the rules of people's daily life."A case is better than a stack of documents" "a case is better than a stack of laws".Of course,to achieve the judicial goal of "making the people feel fairness and justice in every judicial case",we should not only strengthen the application of jurisprudence in cases,but also strengthen the interpretation and application of "jurisprudence" by judges in daily judicial activities,especially in the reasoning of judicial documents;We should also strengthen the jurisprudential research of guiding cases,and strengthen the knowledge role of case jurisprudence in guiding the formation of cases and guiding judges' judgment.Taking the guiding cases issued by the Supreme People's court as the main sample,we strive to organically combine the theory and practice of case jurisprudence,and use interdisciplinary and diversified methods to investigate the application of case jurisprudence.On the one hand,we limit the problems to the specific micro level and pay attention to the situations of rule blank,rule conflict,rule ambiguity and rule contradiction,How judges apply legal principles to make up for legal loopholes;On the other hand,it compares,analyzes and discusses the current situation of the application of jurisprudence in civil judgment documents from the four dimensions of the application ratio of jurisprudence,the application type of jurisprudence,the application type of jurisprudence and the application situation of jurisprudence,finds the basic characteristics of judges in the application of jurisprudence,reveals the main problems in the application of jurisprudence,and on the basis of summarizing the problems,Analyze the main causes of the problems and put forward suggestions.The first chapter is the legal principle of guiding cases.On the basis of introducing the concept of case jurisprudence,it is pointed out that case is a rich mine containing "jurisprudence",which is reflected not only in the dispute resolution function of case,but also in the governance function of case.Through the further analysis of the universality of jurisprudence in guiding cases,it is found that on the one hand,the system provides the space and formal effect of the universality of jurisprudence,on the other hand,the universality of jurisprudence in turn gives the case substantive effect.The characteristics and functions of the application of jurisprudence in guiding cases mainly include six aspects: the application of case jurisprudence promotes the development of jurisprudence research,promotes jurisprudence to become the common concern of legal research,responds to the rationality of reform,reflects the judicial people,reflects the consensus of jurisprudence,and case jurisprudence will help to enhance the effectiveness of dialogue with the world.The second chapter is the form of jurisprudence in guiding cases.Jurisprudential theory lies in guiding cases and exists in different forms.In terms of form,it mainly includes four forms: legal principles,legal principles,judicial ideas,public order and good customs.First of all,the legal principle expression of the form of legal principles.In judicial practice,judges usually take the specific legal provisions as the main premise to resolve disputes on the merits of the case.If they can not find the appropriate specific legal provisions,judges often look for the legal principles clearly stipulated in the legal provisions to demonstrate and reason.The legal principles clearly stipulated in the legal provisions are an institutionalized expression of legal principles.Secondly,legal principles are often explicit as the academic theories,theories and theoretical viewpoints that reach a consensus.Guiding cases contain rich legal principles,especially when there are no specific legal provisions that can be applied,judges often use legal principles to demonstrate reasoning.Thirdly,the trial idea is the concretization and organization of legal principles and legal principles in the trial.It is the legal principles and legal principles.The application of these legal principles to the trial has become a work idea and a work presentation.From the perspective of judicial practice,the trial concept is implemented into the case adjudication process on a large scale and with high quality.Finally,public order and good customs are the basic legal principles of case jurisprudence in addition to the legal principles,legal principles and trial ideas.In practice,the application of public order and good customs in guiding cases mainly includes public order and good customs in morality and ethics,public order and good customs in public policies and customs.The application of public order and good customs in guiding cases not only shows strict applicable rules,but also shows the level of applicable effectiveness.The third chapter is the function of guiding case jurisprudence.From the perspective of theory and practice,it is pointed out that interpreting law,supplementing and continuing law and value guidance are the functional elements of jurisprudence in guiding cases.Among them,interpreting the law means that judges must complete the application of legal norms in specific cases through legal interpretation.The judgment points of such guiding cases are mostly to explain and explain the existing specific legal provisions,which are often controlled within the scope of the interpretation of the core text of the legal provisions.At the same time,the supplementary legal function is mainly reflected in the discovery of legislative purpose,the coordination of conflict norms,the integrity of scope of application and the interpretation of keeping pace with the times.The application of guiding case jurisprudence has the function of value leading.A legal rule consists of behavior patterns and legal consequences.There is no such fixed structure in the specific forms of legal principles,legal principles and other legal principles.They more express a legal value.Especially when the legal provisions are vague or there are no clear legal provisions,it is inevitable for judges to find legal principles as the basis for judging and solve difficult cases.From the practice of value guidance,it mainly includes the important role of leading case judgment based on the value elements of order,freedom,justice and efficiency.The fourth chapter is the case interpretation and application of normative jurisprudence.From the current form of China's judicial knowledge production mechanism,the cases handled by judges in the process of daily judicial judgment and the judicial reasoning based on these cases not only provide a solid foundation for the generation of guiding cases of the Supreme People's court,but also provide a solid basis for the selection,refinement and generation of guiding cases The "reservoir" also provides a stable cornerstone for the production of guiding case Jurisprudence-the judgment reasoning of daily cases is a "think tank" that can highlight,typify and popularize guiding case jurisprudence At the same time,in essence,although the reproduction of judicial knowledge in China depends largely on the smoothness of production and reproduction mechanism,fundamentally speaking,it depends more on the quality of basic knowledge production,which means the "reasoning" of judges in the process of daily judicial judgment,which not only lays the foundation for the formation of guiding case jurisprudence,but also restricts the quality and meaning of guiding case jurisprudence.In practice,judges are unwilling or even unable to interpret the jurisprudence contained in the case based on multiple repetitive and complex factors,which affects the generation and production of case jurisprudence.In order to improve the production quality and scale of case jurisprudence,we must pay attention to,guide and stimulate Encourage judges to interpret the legal principles contained in the case.Among them,we should not only grasp the key opportunity of legal judicial interpretation and application,but also skillfully grasp the main methods of legal judicial interpretation and application,clarify the main position of legal judicial interpretation and application,and strengthen the comprehensive guarantee of legal judicial interpretation and application.Only in this way can we improve the theoretical interpretation and practice of case jurisprudence Finally,it will promote the formation of case rule of law and the in-depth practice of China's construction of rule of law.