Research On The Value Of China's Intellectual Property Case Guidance System And Its Implementation Mechanism

The construction of a country under the rule of law is in a critical period of transition from governing the country to governing the country with the rule of law.The rapid development of society has spawned various contradictions and disputes.The traditional statute law cannot satisfy the development needs of modern society because of its own legislative lag.The case guidance system has emerged as an auxiliary system for supporting statutory law.With the issuance of the "Case Guideline Regulations" and the"Implementing Rules",China's case guidance system has achieved a substantial leap from quantitative change to qualitative change,and it has gradually played its role in unifying laws,remedying statutory loopholes,and improving China's legal system.However,there are many differences and particularities in the systems and trials of various departmental laws.Therefore,gradually improving the case guidance system that conforms to the internal characteristics and requirements of various departmental laws under the existing framework of the system has become the future direction of development of the case guidance system.Intellectual property law department in view of its own legal characteristics and development advantages,relying on intellectual property courts and courts,set up a special case guidance system research base,it has taken the lead in launching research and exploration on the case guidance system in the field of intellectual property.This article mainly combines the current development conditions and development status of the current case guidance system,further clarifies the value orientation of the case guidance system in the IP department,combines the current status of implementation of the case guidance system and the value dilemma of the case guidance system for judicial effectiveness analysis and its causes.Since then,relevant measures and mechanisms for solving difficulties have been proposed to promote better development of the case guidance system in the intellectual property department.This article is mainly divided into five parts:First part:The general analysis of case guidance system for intellectual property rights.The implementation and development of the case guidance system is based on the establishment of its own system of various departmental laws.In order to comply with the development of the case guidance system in China,the intellectual property department has conducted a series of studies both theoretically and practically.Theoretically,the case guidance system is compared with the case law of the Anglo-American legal system countries and the precedent system of civil law countries.The Chinese characteristics of the case guidance system for knowledge production are clearly defined.In practice,the status quo of the case guidance system for knowledge-producing production includes knowledge.The establishment of property courts and courts specifically established intellectual property case study bases to provide institutional guarantees for the establishment and improvement of case guidance systems in the intellectual property sector.Institutional features include the construction of "up,down,left,right,and right" models as well as guiding roles rather than binding forces.The effectiveness of the system,etc.,to improve the guidance system for the case of knowledge and production is the inevitable result of internal and external development.Second part:The value orientation of China's IPR case guidance system.The development and improvement of the guidance system for knowledge-producing cases is an inevitable requirement of judicial reform in the field of intellectual property,and a clear value orientation provides guidance for development and improvement.Specifically,it includes four aspects:legal value,judicial value,social value,and theoretical value.Legal values mainly include making up for the value of legal loopholes and the value of"legal renewal," Judicial values include the application of unified laws,the regulation of justice,and the reshaping of judicial authority.The construction of the Sunshine judicial mechanism and other values;the social value mainly includes the value of the harmonious community of the rule of law community,the value of social guidelines,and the value of innovative social management;the theoretical value is mainly manifested in promoting the improvement and development of China's legal research and legal education.Third part:The analysis of the plight of the realization of the value guidance system of China's IPR case.This section mainly analyzes the current major difficulties faced in the process of realizing institutional value.Although the development of the case guidance system has achieved certain results,the specific effectiveness of guiding cases in the judicial practice has obviously not reached expectations,in terms of quantity,scope,and reference.There are deficiencies in the situation and other aspects.The value of applying unified laws and safeguarding judicial justice has not been effectively realized,and the community of the rule of law has not yet reached a state of harmonious symbiosis.Fourth part:Analysis of the Causes of the Dilemma in the Value of Intellectual Property Case Guidance System.This part is mainly to explore the main reasons for the difficulties caused by the case guidance system in judicial practice.It mainly analyzes the causes from the aspects of the system itself,sense of concept,lack of supporting incentive mechanism and technology platform,and lack of development of the rule of law community.Fifth part:Research on the value realization mechanism of the case guidance system of intellectual property.Combining the value positioning and the cause of value dilemma to study the value realization mechanism,it is specifically carried out in four aspects:improving the case guidance system with Chinese characteristics,including unified selection criteria,perfecting the self-generated environment,increasing procedural guidelines,and improving the cited mechanism;Accelerate the substantive construction of trials and the construction of restraint and incentive mechanisms;improve the construction of supporting technology platforms;improve the construction of the rule of law community through the improvement of the main body of the legal community and the rational allocation of judicial resources;and then seek to improve the case of knowledge and production with Chinese characteristics.