Research On The Aplication Of Civil Cases-guiding System

The cases-guiding system is an applicable mechanism beginning with judicial powers in the field of justice. In the absence of laws and regulations, more and more difficult and complex cases appear in the trial practice. The cases-guiding system provides the way to solve the problems of Different co-contracting. It uses the typical cases to guide and to ensure judicial unified application. It is the emphasis of China Judicial Reform. This article studies the cases-guiding system according to the opinions of the civil law. The judge hears a case using the principle of civil analogy to apply the civil guiding cases. This civil analogy belongs to extensive scope here. The judgment key points in subsequent case are induced through structure attribute of two similar cases. So it could void the different and injustice verdict well, and regular the referee though. It is also a guideline of method to judging and the innovation of this article. This article studies the theories of the trials of the two legal systems by using comparative and empirical studying methods to deepen the understanding of Civil Cases-Guiding System. This paper is divided into three parts. They are respectively as follows: the theories supporting the civil cases-guiding system and the unique value of civil cases-guiding system, the extraterritorial comparison, and the operating mechanism of the civil cases-guiding system and its improvement. It focuses on the application of Civil Cases-Guiding System. So it can conclude that the analytical theories of civil cases are the necessary theories in the establishment of civil cases-guiding system. The judge can find and use new judicial rules within the scope of legal norms by using the analytical theories of civil cases when he can not refuge to trial and he may find the statute law loophole. Secondly, the unique value of civil cases-guiding system helps promote our civil law system to open or even localized, improve the quality of civil jurisdiction cases, ensure uniform justice and judgment of predictability and enhance the rule of law and social relations response. Thirdly, the effectiveness of the civil cases-guiding system has binding effect in practice. That is to say, if a judge deals with a similar case, he should consider the civil guiding cases, use the analytical theories and technologies of the civil cases, give the trial based on the legal spirits and principles of the civil guiding cases, or he may be at risk of cancel cases even administrative responsibility. At last, it needs to establish a system of civil cases-guiding system that reports the cases departing from the mechanism and database contains guiding cases that enhance the oversight, and build up supporting measures such as training judges and assessment mechanism.