Types And The Boundary

At present,the academic research focused on four approaches about guiding cases: the nature of guiding cases,the structure of guiding cases,the application of guiding cases and the case study of guiding cases.Indeed,when we make a survey about types of guiding cases based on the methods of legal interpretation in guiding cases,it is available to evaluate the system of guiding cases from a moderate level.According to the survey,firstly,most of cases in guiding cases are prescribed by laws,which provide reasons about how to invoke the rule for judicial decision,and make a unified clarification or interpretation for the legal concept or norm that is ambiguous or vague.However,there are some guiding cases which repeal rules or create new rules,by the interpretation.Secondly,As to the using of legal interpretation,the biggest drawback is that the length of reasoning tends to be short,and the reasoning is not sufficient.Overall,the using of interpreting methods about guiding cases is on the stage which is relatively coarse rather than exquisite,especially without invoking the complete relevant norms or source of reason.Furthermore,there is value judgment or the ideological point of view behind the legal interpretation.In terms of the value judgment of the current judicial process,in consideration of the current national system and the situation of legal institutions in China,The rule of law is still in an initial stage of development,whose aim is to prevent the abuse of power and protect citizens from the fear.Consequently,as to using of legal interpretation,it should be inclined to the ideology of bound judicial decision-making.