Research On The Production Standard Of Guidance Cases

It had been more than20years for case guidance system from been discussed to be defined as the formal system, and then to the four batch of total16case guidance issued. In this long process, we obtain brilliant success which condensed much effort of scholars and judges. However, with the deficiency existing of the current making standard, the guiding case system cannot give full play to the role of guiding which worthy of our consideration. This paper based on the case guidance issued by the Supreme People’s court, putting forward some constructive suggestions to improve the standard of guiding cases.The general principles that guiding case required were simple and modest correction, combination of judicial unity and judicial innovation combined and combination of legal effect and social effect.The guide cases which are not the formal sources of law in our country only have reference effect, originating from the logic and the persuasive power of applied laws, scientific of guiding cases and authoritative of issued organs when guiding case was applies to law correctly. To explore production standard of guiding case is the request for achieving the value of guiding case, regulating the judge’s discretion, applying of guiding cases accurately and adapting to guiding case development. However, there still have several deficiencies on guide case at this stage, such as selection criteria, content production standard of referee points, the basic facts of narrative and the logic thread."Case guidance system" does not consistent with the statement in foreign countries, but we can still study the relevant practice under Anglo-American law system, continental law system as well as the collections of guiding case from Taiwan and Hongkong area in China, referring to many other things on technology. Based on such background, we could establish legislative bodies to produce precedent, strengthen case procedure strictly, take the compilation of both official and private, compile cases according to the law order, attach great importance to the case facts, pay attention to the part of writing and points form on referee reason.The format production standards of guide case contain aspects as follows:title, referee points, keywords, referee points, cited laws, basic facts, referee results and reasons. The content production standards of guide case should be divided into five aspects, such as the main line, content production standards of referee points, content production standards of basic facts, content production standards of referee reason and content production standards of referee results. The controversial focus is the main line of producing guiding case. The referee points include refining the judgment rule, identifying the case facts and judging of other problems in the process of trial cases. In a word, the content of referee points should be generality, normative and abstract moderately; the content of basic factors should be real, comprehensive and targeted; the content of trial result should be pointed, be logical and have rationality arguments.