On The Directing Case System Of Supreme People's Court

Since 1980 when Supreme People's Court began to issue the typical cases, through the people's courts at all local different levels to practice locally and discover regionally about the case directing judges'trials, then the time stopped on November, the 26th, 2010 when Supreme People's Court finally issued The Regulations about Cases Directing Trials. It can be said that issuing the regulations is a certainty and sublimation from Supreme People's Court about the cases directing trials. It goes without saying that it is significant. But it can't stand that there is no problems in the cases directing trials now. Moreover, the problems are multi-dimensional, not only on the legal regulations, but also on the judges'applications about the directing cases. These problems interweave so that the judges lose their heads in trials. So this is the starting point of this paper. It wants to find out a relatively clear hint in this difficulty. This not only gives the directing cases accurately historical and actual survey, but also provides methods and skills for the judges to apply the directing cases.Research approaches in the paper include historical method, empirical method and comparative method.The main body includes three parts. The first part is an analysis about the case tradition in China's jurisdiction and the development status. To China's judicial tradition, referring to the cases are the inherent rules in the judicial process, through inductive and summary methods. China has a very favorable tradition of judicial cases. At the same time, it appears a pattern of interaction between Supreme People's Court and the people's courts at all local different levels in the judicial practice now. They explore cases instruction practice in different levels, and they have achieved a lot. This leads to the issue of The Regulations about Cases Directing Trials. The paper has a critical interpretation and analysis on it.The second part has an analysis on the directing cases that generate from The Regulations about Cases Directing Trials, including the conception, nature, value and validity, etc. At first, the paper has distinguished between the directing case and continental law case. Secondly, to affirm the nature of the directing case, the paper puts forward and argues the view of standardizing the legal application. Furthermore, the paper has an analysis on the value of the directing case from the view of external and internal perspective. Then, to the validity of the directing case, the paper puts forward its own thesis on the base of various views, combining the theory of Soft Law. This paper puts forward that the directing case don't have the compulsory legal binding, but it can engender the actual effect in the judicial process.The third part is about the application of the directing case. The paper puts forward that the conditions of the application include two aspects. The first is lack of specific statute norms and existing the legal gaps. The second is existing the directing case which coordinates the case in question. Then, the paper discusses how to find the directing case for the judges. Finally, the paper discusses the parts that have directive functions in the directing case.In brief, the directing case is very significant to the judges'trials. However, at present, because of the vague legal position, with the addition of legal thinking pattern of statute law to the judges, it is a very long time for the directing case to play a role sufficiently. Despite this, it is still worth to expect that the directing case plays a very important part in China's judicial practice.