On The Construction Of The Case Guidance System In China

With the the continuous integration and assimilation of case law system of the two legal systems in the world, case law system has greatly affected Chinese judicial theorists and practitioners. In addition, the awareness of rule of law is being deepened in society gradually,especially when the first and second five-year reform plan of the Supreme People's Court specifically outlined a specific plan for the case guidance system,law circle began to invertigate case guidance system further,which had been paid more attention to by judicial judgement practices. However,the overall study of case guidance system still lacks depth in law circle. Therefore, the present thesis, applying a comparative research approach, investigates the relative theories of case guidance system from the perspective of jurisprudence. It has both practical and theoretical significance.The present thesis consists of three chapters. Chapter 1 refers to the theoretical framework of case guidance system,mainly talking about general theories of case guidance system. The case guidance system that the present study referred to is to expatiate the value and efficacy of law judicially, which can be regarded as a method to explain and carry out the law, different from case law system, not to hold up the position of the source of law legislatively. According to Marxist'The General Form of Value, Chaper 2 defines and discusses about the necessity and feasibility of case guidance system in China. Lastly,Chapter 3 particularly analyzes the specific construction of case guidance system,provides corresponding countermeasure towards the major problems confronted,and tries to construct a case guidance system which suits our judicial innovation at the present.