On The People's Supreme Court Bulletin Cases "Prejudicationization"

It is over 20 years since the supreme court issued typical cases on "The People's Supreme Court Bulletin" .Meanwhile, we have made great progress in the construction of a country ruled by law as well as the development of the bulletin cases per se from the edition to the choice of contents. In the meantime, lawyer community hotly discussed the question whether we should borrow ideas from the case law system or even transplant such a system. But till today, we haven't got a unanimous idea about this issue. That's the main reason why I study the possibility of case law system from a different standpoint. I intend to accomplish it in three chapters.In the first chapter, I will discuss the likelihood of prejudicationization of bulletin cases. I shall first make a general survey of the bulletin cases by checking the general aspect of issuing, purposes of releasing and the edition changes of bulletin cases. Then I will definite several terms related to precedent, and give the test standard of a precedent. Then I will list some of the cases that create new judicial rules. Finally, I examine all of the 485 cases that appeared in the People's Supreme Court Bulletin from 1985 to the year 2004. I conclude that it is probable to prejudicationize the bulletin cases.But the probability of prejudicationize the bulletin cases doesn't necessarily mean that we should adopt this system. Chapter two will try to answer this question: Is it worth prejudicationizing the bulletin cases? I will try to prove the value of it byanalyzing the impact of prejudicationization of bulletin cases to the framework of a court trial ,and its function of guaranteeing the litigation rights of parties, supervising the discretion of judges, promoting to form the community of legal professionals and facilitate judicial autonomy.In the last chapter, I put prejudicationization of bulletin cases into the background of judicial reform. I will put forward my perspective about the outlook of it based on the target of judicial reform. The outlook of prejudicationization of the bulletin cases is the establishment of a system of binding precedents that lead by the bulletin prejudications. And the prejudications of the higher courts are the main parts.