Research Of The Chinese Civil Case Guidance System

The Supreme People’s Court formally set up and improve the case guidance system in 2005, then we marked the formal introduction of case guidance system in the field of justice in 2010. Formulation and application of civil guiding cases can make up for the gaps in the statute law and juridical interpretation in China, promote the unity of jurisdiction of the same verdict in the same kind case and facilitate the realization of justice and efficiency of lawsuit. Therefore, how to play the guiding role of the guiding cases in civil justice timely and effectively is important. This paper makes preliminary investigation of the roles of the civil case guidance system in judicial adjudication activities by analyzing judicial application of civil case guidance in recent years based on comparative study of domestic and foreign civil precedent systems, analyzes the possible problems and proposes the author’s improvement opinions.This paper is discussed and studied in four parts. In the first part, the author first makes primary investigation of the concept of the civil case guidance system; then explores the positioning of the civil guiding cases and obtains definite positioning for it through comparison with legal precedent and judicial interpretation; then the author discusses the most important normative force of the civil guiding cases and obtains my opinions; finally, the author briefly introduces the important role of civil cases guiding in promoting China’s civil justice development.The second part is mainly the comparative study of domestic and foreign precedent systems. First, the author analyzes the precedent systems in Anglo-American legal system and simply introduces from the perspective of stare decisis, specific application of stare decisis and specific distinguishing techniques; then the author introduces the civil precedent systems in Germany and Japan, analyzes the status of legal precedent, the legal precedent compilation and the deviation report system initiated in Germany,then introduces the legal precedent in Japan from the perspective of legal precedent effect and change in Japan; finally, the author analyzes the precedent system in ancient China and compares the domestic and foreign precedent systems mentioned above with the civil case guidance system in China for reference of relevant beneficiary part.In the third party, the author focuses on exploring the problems of the civil case guidance system in China. The author first introduces the main features of the civil guiding cases published currently and then makes inclusive understanding through empirical analysis of the 35 civil guiding cases, points out the features of application, focuses on analyzing the guiding case No.24 and discusses its application by type combined with trial of actual cases, and finally finds out the deficiencies in the case guidance system through analysis and practical investigation of application of the guiding case.In the fourth part, the author proposes relevant opinions or measures to improve Chinese civil case guidance system after analyzing the existing problems. First, the author positions the legal force of the guiding cases as actual constraint force to further standardize the operation mechanism of the civil guiding cases and establishes Chinese case deviation report system by reference to the deviation report system in Germany. Then the author believes that it is required to intensify the training for the judges of civil guiding cases, enhance the ability and level of the judges to use the guiding cases and finally construct relevant supporting facilities.