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Research Of The Case Guidance System

Posted on:2018-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:X Y YangFull Text:PDF
GTID:2336330536459291Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Case guidance system is the existing judicial system in our country under an innovative system,is also an important in promoting judicial reform in our country.Set up and improve the case guidance system,is to promote the reform of the judicial process,not only for the standardization of the judicial referee of our country,the accuracy of the guarantee law apply to also have very big effect.Since December 20,2011 released the first batch of guiding cases,as the March 6,2017,16 batch release of guiding cases,has issued a total of 87 cases guidance,guidance published case involved case includes all aspects of case guidance system for the future of the stable development laid a good foundation.Although the case guidance system in the current has made some initial progress,but we still need to continue efforts to explore and research,the future how to build a case guidance system,and establishing a what kind of case guidance system and instructional cases.Only set up the system of case guidance system,can continue to further discuss and study the case guidance system.We need to correctly know the case guidance system in the current legal system environment is in a what kind of position,need clear guiding cases in judicial play a what kind of effect,the effectiveness of the instructional cases is how a property,and how to effectively play their guiding role in actual real,only in this way can make the case guidance system really now into the justice system,with the reform of the judicial system between the benign interaction.This paper prepared by the case guidance system analysis some focus of discussion at present stage,regarding the effectiveness of different points of view is induced and summarized,and the comparison and analysis of case guidance system with case law,guiding cases and the similarities and differences between judicial interpretation and associations.On the functions of the case guidance system and its specific location in the judicial practice to have a clear understanding,make its effectiveness,and apply the core problem is resolved.
Keywords/Search Tags:Guiding cases, Case guidance system, Precedent
PDF Full Text Request
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