An Empirical Study On The Implementation Of Guiding Cases In The Supreme People's Court Of China

In recent years,the development of guiding cases has caused extensive discussion in academic circles.The original intention of the establishment of the system is beautiful.However,no system can be achieved overnight.There are many difficulties in the judicial practice,such as the lack of skills of the grass-roots judges in the use of guiding cases and the lack of perfect supporting mechanisms in the system.This article starts with the current basic issues of the guiding case,interprets its positioning,and analyzes the status and application of the 92 guidance cases that have been issued in China.Through the combination of applied data and theory,it focuses on the guiding case implementation process.Faced with various factors such as the application of "soft underbelly" and the development of "bottleneck",he tried to resolve the judicial application of judges in the application of guiding cases,clarifying the legal effects of guiding cases and the unity of judicial adjudication.In practice,we gradually explored a unified and normative standard of applicable guiding cases with Chinese characteristics,so that the guiding cases will play their due role and truly do the same.The construction of the guiding case system mainly includes three levels of“ selection ”,“ publication ” and “ application ”.From the perspective of“application”,the paper adopts the historical background and realistic basis for the disclosure of guiding cases and faces The dilemma and future prospects are analyzed in several dimensions,and it is hoped that a feasible development path will be constructed.Can effectively make the grammar in the actual operation of the guiding case of the limitations of the case,from the judicial application of the norms of the judge's discretion,to enhance the vitality of guiding cases,while promoting the public understanding of the rule of law,and improve the judicial and social communication.