Study On The Referee Essence Of Guiding Cases

The referee essence is guiding case important component, is the guiding case abstraction andgeneralization. The referee essence effect directly influences the guiding case itself in thejudicial practice to play the role of. But due to many reasons, leading to people long for thereferee essence seriously insufficient, so that its function is not effectively play. This articleis based on this, from the referee essence connotation sets out, through a comparativeperspective with reference to the ancient China and foreign referee message system, then inthe light of our country the referee essence prepared by the present situation, pointed out theexisting problems, and puts forward the related suggestions. Specifically, include thefollowing several parts:The first chapter is on the referee essence connotation undertakes a comprehensiveaccurate generalizations, and define it as" the reasons for the sentence to generalize, abstract,and reflect the spirit of the rules, in order to direct the other sentences, in the bulletin of casejudgement before the typical case of organic form". Then the referee essence function wereanalyzed.The second chapter is the study of ancient China the gist of the development processand characteristics, it also introduces foreign belong to the continental law system andAnglo-American law system of the United States of America Japan referee message system,and on their definition, effectiveness, formed element to undertake an analysis, put forwardfor our country to referee message reference.The third chapter is current to our country the referee essence preparation of currentsituation and existing problems of the comb, then put forward including form and contentaspects of perfecting suggestions.