On Judicial Application Of Guiding Cases In Our Country

In our legal system，case guidance system can be called " a case guidance system with Chinesecharacteristics", it’s our particular institution. Since1955the supreme people’s court began to pay attentionto the function and significance of the case guidance, In1980, the court start post some special cases on thesupreme people’s court’s bulletin, the series of cases bring convenience to the courts at all levels, use theexperience of the case for reference and also laid the foundation for guiding cases. On November26,2010,the supreme people’s court promulgated “on the case guidance system requirements"”，it did build China’scase guidance system to guide the trial courts. On December20,2011, the supreme people’s courtannounced the first batch of guiding cases. Until the end of April,2014，the Supreme People’ Court hasreleased six batches of26guiding cases.With the guiding case and the regulations been announced, likecases of Xu ting and He Peng, guiding case is giving a new path to solve this kind of phenomenon, but thecurrent instructional cases and related system in our country there are still many shortcomings, especially injudicial application of guiding cases, this study try to find those questions and make more analysis.First guiding cases in a state of effectiveness is unknown, positioning is not clear, second the court onthe judicial application, insufficient understanding of the importance of case guidance, the concreteimplementation of instructional cases lack of experience and the corresponding technology, make guidancecases cannot be fully effective. Therefore, my study basis on the promulgation and implementation ofguiding cases, have three parts. The first part analyzed the nature of guiding cases, the effectiveness ofguiding cases, the function of the guiding case, the nature of guiding cases are in equivalent toquasi-judicial interpretation, the effectiveness of guiding cases are fact binding effect., then discussed theguiding cases play a guiding significance. The second part expounds the guiding cases problem and thereason in the judicial practice in our country, the lack of the concept in judicial application, utilization rateof guiding case is low, the lack of related judicial application technology and so on. The third part is aboutthe specific applicable conditions and methods of the guiding cases, and the related mechanism of guidingcases and to improvement of it. This article basis on the existing academic achievements, more in-depthstudy of guiding cases positioning and judicial application, analyses the practical operation of guiding cases and problems. Combined with our country’s national conditions, put forward some feasible suggestions, toexplore more guiding cases fit for the present situation of our country,in order to make the guiding casesbetter operation in our country, get better in the value and role of guiding cases.