A Case Study Of Civil Action In Supreme People 's Court

The Supreme People’s court in the five second year reform outline for the first time in a formal document issued on the implementation of the case guidance system reform. So far, it has been announced, including but not limited to the civil action of the guiding case 56. Based on the restriction to the professional direction and of case guidance system in China in the case of type of research, the paper attempts to civil litigation guidance case listed specific research as a model to my country case guidance system. The case guidance system is the theoretical source of the case guidance system of the civil procedure, so the research of the case guidance system must be based on the theory of the case guidance system. The case guidance system in our country is different from the case law of Anglo American law system, but also different from the continental law system, but it plays an important role in both Anglo American law system and civil law system. The legal precedent system of the two legal systems launched the investigation at the same time, with the case directing system in our country to be comparative study and derive inspiration, learn from each other, in order to promote the development of our country’s civil litigation case guidance system. In this paper, the extraction of guiding cases in eight civil cases of specific digital analysis, trying to excavate its positive role and shortcomings from the guiding case selection mechanism, clean up the compilation aspects, to promote the perfection of the system. From the point of view of the research results, the guiding function is worthy of recognition. At the same time, there are still many deficiencies, such as regulations of clean up the compilation of the civil litigation guidance in case of too coarse; even some important content is not attributed to the legislation, such as guidance the guarantee mechanism of the case did not involve the, need to further enrich and perfect. Finally a sound from the four aspects of the civil litigation case guidance mechanism, science editor and cleaning of civil action guiding cases of combined with the successful experience of foreign case law system and our country case guidance system, put forward effective suggestions for improvement of the guidance system of civil litigation case.