Study On Reasoning Of Guiding Cases

Along with further development of judicial reformation, the value of case guiding system is gradually being discovered and it has an invaluable role for achieving uniform application of the law. The selection and application of law cannot leave the judge’s reasoning. It’s necessary to study the reasoning of guiding cases to improve the reasoning of judicial documents. First, this thesis will analyze the reasons of studying the reasoning of guiding cases; then, analyze the reasoning characteristics of guiding cases according to the specific cases; finally, summarize the methods of studying the reasoning of guiding cases.People have done a lot of research on judicial documents and case guiding system, but on the common point that exist in both----reasoning, the research results have rarely involved. Thus, because the judicial document reasoning is not strong, it is necessary to study the reasoning value of guiding cases.Because of the influence of the litigation mode and the imperfect institutions, low-quality-judgments is a long term issue in judicial organs. For example, courts are now producing formularized and generalized judicial document; the reasoning is insufficient; the reasoning cannot express the controversial focusing on the case and lack of interpretation. These problems affected the reasoning level of the judicial documents seriously. However, the guiding cases have high quality and authority in reasoning level due to the formal validity and rigorous selection process, which will help improve the present situation of judicial documents.The characteristics of reasoning of guiding cases mainly reflected in:full use of a variety of legal sources, precise wording, reasonable structure and reasonably detailed, the negative rhetoric combined with positive rhetoric; aiming at the core controversial issues:the unity of legal effect and social effect; using of a variety of legal methods. These aspects have been reflected in many guiding cases released now. Just because of these characteristics, the reasoning of guiding cases becomes more convincing and authoritative. It is worthwhile to study and use into specific judicial work for the courts and judges.Since the selection and application of law cannot leave the judge’s reasoning, the judge plays an important role in maximizing the reasoning value of guiding cases. The life of law lies in implementation, and the life of cases lies in application. In order to achieve its preset value, the reasoning value of guiding cases must be applied to specific cases in the trial. Therefore, it’s necessary to further study the reasoning of guiding cases from two aspects----the court and the judge. The judge should in-depth study the guiding cases and their original judicial documents, summarize the problems existing in production of judicial documents, and study the reasoning skills of guiding cases, then apply them actively to specific cases in the trial. The court should provide institutional guarantee for the judge to actively apply guiding cases, organize training regularly on the reasoning of guiding cases, supplemented by a variety of assessment mechanism to ensure the smooth operation of the study work.In summary, the thesis is based on the characteristics of reasoning of guiding cases, the coherence of methods of techniques applied in the guiding cases, etc., summer up the specific operational experience method for improving the reasoning of judicial document, provides the theoretical reference and guide for the courts and the judges, guide them in-depth study guiding cases to improve the ability and level to make full use of law sources, law methods for reasoning. Finally, substantially improve the reasoning of judicial documents in China.