Text Editing Of Directive Cases

Case guidance system is China's reform of the judicial system to launch a major initiatives,November 26,2010,the supreme people's court issued a "about the regulation of case instruction work"(hereinafter referred to as "provisions"),it marks the judicial trial system in our country,the case guidance system has been formally established.In order to better apply the regulations in practice,the supreme people's court has issued the opinions of the "guidance on writing submitted cases style" and the "provisions on case instruction work implementation rules",in order to further standardize the style of guiding cases.And so far,the Supreme Court has released a total of 92 instructional cases.It is in this background,this paper hope through the research on instructional case text,from the technical level of instructional case text cutting(put forward constructive Suggestions,through the optimization of instructional cases style writing,make "shall refer to" effect of instructional cases more authority,and to enhance the public's trust in the judicial and support,promote the judicial credibility.The first chapter gives an overview of instructional cases from four dimensions.In order to solve these problems,the guiding cases have been on the stage of the history of rule of law.On the basis of the three representative concepts existing in the current legal field,the author puts forward the definition of guiding cases.Furthermore,the guiding cases are analyzed from the characteristics and values.The fourth dimension is from the selection of guiding cases,analyzes the selectioncriteria and selection procedures established by the Supreme Court,and puts forward their own opinions on the deficiencies and amendments of the selection criteria.The second chapter discusses the necessity of editing the original judgment documents.Procedures in accordance with the standards of clear and strict selection of guiding cases,is to keep the original appearance of the written judgment,or paring down for further processing and compilation,different scholars have different views on this.The author analyzes the viewpoints of different scholars and puts forward his own opinion on this basis,that is,the editing is reasonable and elaborates from two aspects.In the trial practice,the information of "the referee's message,the main points" and so on is often more easily accepted by the judge.And judicial practice from abroad,both Anglo-American law system and continental law system countries,in the process of legal research,had cut the text of the case,such as Germany's case the Supreme Court in civil case best choose,The Times of law of Japan.In addition,the overall production level of Chinese court judgment documents is not high,and there are many defects.The original in many ways written judgment can provide specific and actionable guidance,but subsequent machining clips can optimize these deficiencies,to make judgment reasoning logic reasoning more rigorous,to judge the similar case after case provides a perfect "paradigm".The third chapter discusses how to edit the original judgment document from the technical level.The text format of the currently published instructional cases is not in strict accordance with the requirements of the opinion,the format of the text is confused,and there are many problems in the details.In addition,there are many problems in the editing of the content.The author analyzes the main points,basic cases and other aspects.Current criminal released instructional cases,most of the points in reiterated that the content of the judicial interpretation by the referee and lack of innovation,it should have as a result,it will not only make the guiding case lack should have practical significance,at the same time also can affect its function.The case facts are essential elements of formation of judicial decisions,for guiding case the basic narrative of the case,not equal to the original written judgment in theanalysis of the case facts,it is a series of facts in the original judgment,the evidence was selected for processing,and then in a new way of logical statement.The judgment result is that the judicial court USES the legal norms to carry out the case treatment,which can be carried out by "abbreviation",and the concise conclusion is obtained.Award is to build the connection between the case facts and the verdict of the bond,the arguments presented in the original judgment supplementary correction,to deal with good instructional case reasoning and the relation between the original judgment,should follow the rules to the original reason of written judgment,can not appear in reason not expressed in the basic case of facts,nor from the written judgment reason to add new reasons.The fourth chapter discusses the text setting of instructional case after editing.Optimized scheme are put forward for the current text style,and put forward the dynamic regulation on the quality of the instructional cases more specific ideas,including the compilation and release of guiding cases,and the late management.In the last part,from the perspective of instructional cases in practice,on the one hand,it puts forward the method to improve the retrieval guidance case.On the other hand,it also proposed to improve the open system of the referees' documents,and suggested that the original judgment documents of the guiding cases should be fully disclosed.