Guiding Case Study Based On Analogical Reasoning

The original intention of setting up the guidance case system is to unify the standards of judicial adjudication so as to guide the legal application of courts at all levels and achieve the legal effect of "similar cases in similar cases".The number of guiding cases promulgated by the Supreme People’s Court has been on the rise,but the guiding role of the guiding cases is not ideal in judicial practice.On the one hand,the effectiveness of guiding cases remains controversial in the theoretical community.The effectiveness of guiding cases is a fundamental issue.On the other hand,due to the problems of effectiveness and judicial technology,the application status of guiding cases is not satisfactory.Taking these issues as the starting point,the types and effectiveness of guiding cases are discussed,the theory of analogy is carefully studied,the theory is applied to practice,and the reference role of guiding cases is exerted.When the lower court hears similar cases,it provides the court with appropriate guidance.The article is divided into three parts:The first part introduces the general situation of guiding case.The effectiveness of guiding cases and the application status of guiding cases are fundamental issues in the study of guiding cases in the application of justice.The problems existing in the guiding cases are the starting point for pave the way for theory.This part generally introduces the basic situation of the guiding cases in our country.For example,the type of guidance system,the effectiveness of the guidance case,the applicable status of the guidance case.Guiding Cases The primary problem is to sort out the different types of Guiding Cases.The types of Guiding Cases are different and their effectiveness is different.Only by categorizing guiding cases to determine their effectiveness,reference cases of guiding cases can be more convincing.At present,the biggest problem facing the guiding case is the status quo.For example,the guidance rate of reference cases,judicial personnel are not familiar with the way of thinking analogy reasoning,guidance cases and the determination of the point of comparison of pending cases and so are guidance cases in the application of the deficiencies,and therefore need the help of relevant theories.In the second part,I study the theories of analogical reasoning and similarity respectively.Analogical reasoning is a kind of reasoning method involved in the judgment of similar cases,of which the most important part is the determination of similarities.This section defines analogical reasoning from three dimensions and studies the rationality of analogical reasoning,thus obtaining a relatively complete inference structure.Through the study of analogy theory,it is found that analogical reasoning is an independent reasoning method,especially analogical reasoning from the perspective of psychology,which shows the specific processing of reasoning.Analogical reasoning is applied to the legal field and Burton’s analogical legal reasoning,that is,"case analogy" is typical.At the same time,in response to analogy theory is a rational existence,the way is to make a substantial comparison of similarity by perfecting the structure of analogical reasoning.Therefore,on the basis of these studies,the structure of analogical reasoning is reconstructed,so that analogical reasoning is introduced into the applicable process of guiding cases and similar case-like decisions are achieved.The study of analogical reasoning has been accompanied by the study of similarity judgment theory.Burton’s family theory,Larenz’s law evaluation agree and Kaufmann’s nature of things are unavoidable contents of similarity studies,but these doctrines are Judicial practice is not very operative.Therefore,this part introduces the causality theory of similarity judgment in psychological research,and provides theoretical support for the determination of similarity points in the application of guiding cases.The third part,the theory applied to practice.First of all,explain why analogical reasoning can become the best reasoning method for the application of guiding cases.Secondly,the similarity theory is used to determine the comparative points in the application of the guidance case.Finally,an analogical reasoning structure is used to demonstrate the complete process of applying the Guiding Cases to pending cases.Through three parts of the article,the article solves the difficult problems that the guiding case faces in the judicial application,so that the guiding case can truly exert the guiding value,unify the judicial application and safeguard the justice of the case.