Research On The Reform Of Judicial Interpretation By Case Guidance System

This thesis chooses judicial interpretation and case instruction system as the research point,and deals with the relationship between the case instruction system and judicial interpretation as the research content.It mainly analyzes the problems existing in the judicial interpretation and case instruction system,and the legitimacy and feasibility of the transformation of case guidance system.In an effort to handle the relationship between the case instruction system and judicial interpretation,it then puts forward the retrofit scheme of case interpretation,so as to solve the obvious tendency in "legislation" of judicial interpretation and not be workable caused by unsatisfactory practice of case instruction system,and to further realize the uniform application of the law.In the first four chapters in this paper mainly introduces the topic,the historical development and cause of the judicial interpretation and case instruction system,their relationship and the legitimacy of case interpretation,the development of the precedent system in some countries and its reference and so on.In the introduction part,the background of this thesis and the research content of research significance are explained.In the first chapter,it sketches relevant basic concepts of case instruction system and judicial interpretation,generalizes the historical development of the two,thus determines the connotation and extension of this paper research in case guidance system and the judicial interpretation.Finally,it teases concludes the reasons and development of the two after foundation of new China.In the second chapter,it puts the relationship between case instruction system and the judicial interpretation and the legitimacy of case interpretation as a research focus.It firstly introduces the case instruction system at the time it came out was known as the milestone of the nature of breakthrough in the construction of legal system in China,but today the imperfection of generate mechanism,unsatisfactory of the practice are still problemswhich case instruction system faces.Judicial explanation though makes remarkable contribution to the development of legal system,its subject,form,content and so on still exists a lot of deficiencies.Secondly,through the study of the relationship between case instruction system and judicial interpretation can indicate that the guiding cases can be concluded into judicial interpretation,and the two parts should be combined into one.Finally,the author analyzes the legitimacy of the model of the interpretation of the judicial interpretation by the case guidance system.Offered to patients for an interpretation is not only the objective requirement of justice in our country,but also the two law systems learning and absorption from each other will be the world’s development trend is more based on cases of interpretation of the basic law provides legitimacy.In the third chapter,it introduces the development of the three national jurisprudence systems in Britain,Germany and Japan.The case law of the United Kingdom is analyzed from the case report,the principle of precedent and the condition of the precedent.It teases the jurisprudence of German jurisprudence analyzed from two aspects: the codification technique and the application of judicial precedent;also teases Japan’s jurisprudence system reviewed from the brief introduction of the Japanese umpire and the status of judicial precedents and the change of case.After reviewing case system in each country,the author analyzes the advantages and disadvantages of the systems in these countries and regions,and points out the use for reference in our country.The fourth chapter is the summary of the full text.From the three aspects of law,judicial organization and judicial exploration,this paper discusses the design of the concrete pattern of the case interpretation method after the prerequisite of the application of the model.The case interpretation model is divided into two parts: the establishment and transformation of guiding cases.The determination of guiding cases is mainly to make some improvements in the selection,submission and review etc.of cases based on the existing rules.The change of guiding cases status is to promote the mature rules formed by the guiding case into the judicial interpretation,and finally realize the case interpretation method.