Research On The Case-guiding System In The Context Of System Innovation

In recent years the case-guiding system is more and more attention in our country, from the Supreme Court to place courts at all levels, from academics to judge lawyers, from theory to practice, and legal workers and department agencies are this deeply discusses the research and practice. In November26,2010the supreme people’s court released "The provisions of the guiding the work of case studies", in a sense it marked the establishment of the case-guiding system initially.This paper is mainly to present through some of the controversial case-guiding system in the topic were summarized in the case of guiding effect of all parties to view positioning, and the guidance system to establish case before the case of the positioning of the guidance system of ideas for comparative analysis, and then shows our case-guiding system is the system innovation the conclusion. And then to case-guiding system is the system innovation of the rationality of the claim are discussed, this is from three levels of analysis shows up:the first plane is through the case the reasons of the case-guiding system and operation mechanism and value of the ontology of Angle to prove it is system innovation; The second level is through its and the comparative study of the similar systems that its difference, so as to prove the case-guiding system is different from our ancient legal tradition, common law case law system, the system of civil law case system innovation; The third level is through case-guiding system innovation from target to research its innovative points, and concludes a conclusion that the case-guiding system should be from the system innovation developing to innovation system.