A Study On The Juridical Attributes Of Guiding Cases

Since judicial committee of the Supreme People's Court passed THE RULES OF CASE DIRECTING SYSTEM,the Case Directing System with Chinese characteristics was finally established.During the eight working years of the Case Directing System,although the quantity of the guiding cases were less than judicial explanations released by the Supreme People's Court,the significance of the guiding cases is huge.The Case Directing System absorbed advantages of the case law in order to improve and perfect the legislation and overcome the deficiencies of the statue law.As the vital fruits of learning case law countries,not also the beginning but the operation of the Case Directing System are under the spotlight.In addition to that,through the lengthwise analysis of guiding cases,we can find that it's eligible to apply guiding cases in our country.Through analyzing the documents made by Supreme People's Court,we can know that although guiding cases are not legal format,but it has sensible juridical attributes.There are four prospective functions about the Case Directing System,specifically,summing up the experiences of trials,unifying the application of the law,improving the quality of trials and maintaining the juridical justice.Now the Case Directing System still faces lots of challenges from inside and outside.Absolutely the guiding cases didn't play a certain role in the juridical practices.The only way to achieve the functions of the guiding cases is handling the challenges properly and advancing the progress of the Case Directing System.The solutions including at least three aspects,determining the referential standard,normalizing abbreviature of adjudication and establishing a safeguard mechanism.Only if the Case Directing System is perfected like this,it can achieve the goal finally in our legal system.In a word,how to strengthen the juridical attributes is the key to cover the shortages of the statute law.