The Reasoning Study Of Criminal Judicial Documents Based On Quoting Guiding Cases

The case guidance system is an important part of China's judicial reform.Since the initial establishment at the end of 2010,the system has been in operation for many years,but due to various reasons,the operation effect of the system is far from the expected goal.Although the Supreme People's Court still publishes guiding cases from time to time,the limited guiding effect of guiding cases in judicial practice is in contrast with it,mainly reflected in the fact that the number of guiding cases quoted by judges in the judgment documents is not too much and the judge's reasoning is insufficient.Therefore,it's necessary to conduct an empirical study by referring to the judicial documents which quoting guiding cases.This paper based on criminal guidance case,through the case library to search and collect the criminal judgment documents which quoting guiding cases in the eight years.The paper is roughly divided into three parts:The first part is the definition of criminal guidance cases.Exploring the positioning,characteristics and role of criminal guidance cases.The primary issue in the study is to clarify its positioning.Only with the clear positioning,criminal guidance cases can be better applied in criminal justice trial practice.This article expounds the relationship between criminal guiding cases and law principles and judicial interpretation.In the second part,the study of the status quo that criminal judgment documents quoting guiding cases.Though sorting out and analyzing the forty-four judgment documents that met the qualifications of this paper to explore the problems and their causes.In the third part is the perfection of the reasoning of the judgment documents.From the perspective of this goal,this paper introduces the theory of analogical reasoning and similarity judgment.Firstly,the logical structure and applicable steps of analogical reasoning which in the context of case guidance system are expounded.Secondly,discussing the theory of similarity judgment from the perspective that normative protection purposes and whether it exceeds the meaning of criminal law provisions,so as to strengthen the pertinence of reasoning;Finally discussing we can increase the construction of supporting systems and further improve the reasoning of judgment documents in the framework of the case guidance system.According to the above part of the study,the article introduces the theory of analogical reasoning and similarity judgment into the judicial practice of the case guidance system,in order to make the judges pay more attention to the guiding case and improve the reasoning of judgment documents,so as to better play the value of case guidance.To enhance judicial identity and uniform judicial application.