Jurisprudence Of Case Guidance System

In 2010,the case guidance system with Chinese characteristics was opened,and the disorder of the previous case guidance system was overthrown.From then on,it entered an orderly and systematic stage of gradually constructing a case gui dance system.This relevant regulat ion has been publ ished as a milestone value by China' s academic circles.However,the implementation of the "Regulations on Case Guidance Work" still has problems.In the process of judicial practice,there is a judicial dilemma of "different judgments in the same case",and then the case guidance The construction of the system creates a crisis.Article 9 of the "Regulations on Case Guidance Work" stipulates that when the people' s courts at all levels hear the case and find that they are similar to the Supreme People' s Court' s issuance of guiding cases,they shall make referees according to them.After the implementation of the "Provisions",they have not achieved the expected results.Although the people's courts at all levels have made judgments with reference to the guiding cases,the dilemma of "different judgments in the same case" has arisen because of the different consideration points in the application of the guiding cases.As far as the points of the case guidance system are concerned,the jurisprudence of the case guidance system is the key point.In order to avoid "different judgments in the same case," we must carefully examine the jurisprudence of the case guidance system.The basic point of the case guidance system is the definition of the nature of the case guidance system.The "legal creation theory" insists that the case guidance system is the creation of law,and the legal basis for the case judgment is not consistent with the relevant legal provisions;in terms of the definition of legal nature,"Applicable law" is more reasonable,not only in line with relevant legal provisions,but also meets the current needs of China' s judicial state.The article puts forward constructive opinions on the emergence of the dilemma from the judicial practice and the legal system of the case guidance system.On the one hand,there are still doubts about the“how to refer to the guiding case”in the judiciary,and the concept of the word“reference”should be further On the other hand,for the judgment of similar cases,the legal interpretation method should be used as the entry point to judge the similarity between the case and the guiding case in the judicial practice,and then make a judgment similar to the guiding case and then use the guiding principle.Cases,avoiding different judgments in the same case,and achieving judicial justice in the same case.