A Study Of The Effectiveness Of Cases Guiding System

With the gradual advancement of judicial reform,the judicial system attracted more and more people ' s attention.Formally established in 2010,as a new member of the judicial system,cases guiding system has become a hot topic in theory and in practice.Since the establishment of cases guiding system,the Supreme Court has announced the 15th,77 guiding cases.Through the analysis of the cases guiding system which has gone through more than six years,we found the practice of this system was not well.Then,problems the cases guiding system encountered in practice,the root behind of the problems,and which ways we should take to address these issues,these are worthy of our in-depth study.The purpose of this thesis is by an analysis of some rules of cases guiding system and its judicial practice,the analysis of the problems of cases guiding system,digging the root through these problems,and to further explore the methods of solving the problems of cases guiding system.The first part of this thesis introduces the creation of cases guiding system on the basis of some rules about cases guiding system,including the background,the function of this system,selection process and criteria,the effect of guiding cases and applicable methods.In the second and third part,an analysis of the judgments which used guiding cases,we found the low application rate of using guiding cases,the response of court tend to be hidden or the court chose to ignore it.And on the application the court followed the path of using statute law.Meanwhile,some guiding cases were short of'guiding'.In the fourth and fifth part,this thesis tries to find out the causes of the problem.Including the deficient of designing cases guiding system,lack of technical experience in judicial practice,and cases guiding system does not match the macro legal environment.These factors influence the actual effect of this system.So,the improvement of the cases guiding system also needs to consider the adjustment of this system,the complement of the judicial experience and the reform of the macro judicial environment.