A Review Of The Guiding Cases Of The Supreme Law

Supreme People's court in 2010 issued the "Supreme People's Court on the provisions of the work of the case guidance", On this, China formally established a case guidance system, The purpose of the system is:if the law does not expressly provided, according to the spirit of the law to make a decision, With the effective case to guide the future of such cases of the referee oriented, Eventually play a role in prevention and regulation to avoid similar cases of large differences.It has been more than ten years since the Supreme People's court established the case guidance system to issue the guiding cases, Academic attitudes are also optimistic from the open to cautious conservative, The published case involving a wide range of disciplines, They not only correctly explain the fuzzy zone of the law, but also to a certain extent. However, in the judicial practice, the guiding case is referred to the situation and the stage is still vague. The author tries to make an in-depth study of the individual guiding cases.Article structure:Two main parts of this paper include:the research of the individual guiding case and the similar case, the guiding case review. The front is the foundation, behind as the center of gravity.Part one briefly introduces the basic theory and the origin of the problem, Summarizes the main ideas of the article and writing.Part two selects 3 typical cases to analyze and research, and makes a research on the reference of similar cases in practice. In this paper, we discuss the application logic and the problem of guiding cases in practice.Part three to continue to reflect on the issue and review.Part four puts forward suggestions based on the above analysis. Mainly on the construction of the system, legal practice and other aspects of the operability.Finally, in the conclusion part, it emphasizes the importance and urgency of the construction of the case guidance system, and the strong appeal that should and can be perfected.