The Dilemma And Improvement Of The Current Civil Case Guidance System In China

Since ancient times,the formation and development of Chinese law has always been composed of two parallel routes,the ideal design route shown by formulating laws and the natural experience route shown by application cases.Therefore,cases are often compared to "living laws." Not only because it contains rich legal concepts and legal rules,but also because it is the wisdom of the referee.As a country with a civil law system,my country has a relatively complete statute law,but the application of cases in judicial practice has also been since ancient times,and has a profound historical and practical foundation.From the court action in the Qin Dynasty to the decisive ratio in the Han Dynasty,from the case guidance system in the early days of the founding of the People's Republic of China to the guidance case system currently in use,cases have always played a pivotal role in judicial practice.From the promulgation of the"Regulations" to the "Details",the case guidance system with Chinese characteristics has been initially established in my country and is becoming more and more perfect.The adoption of the "Organization Law of the People's Court" marks the first time that the guidance case system has been established in my country.This is a great judicial innovation based on the basic national conditions of our country,which raises the case experience into a general guide.As of December 31,2019,my country has issued 112 guiding cases.However,during my internship in the Third Circuit Court of the Supreme Court,the author found that the guiding case as an important measure for the Supreme People's Court to guide the lower courts and unify the standard of judgement did not play its due value and was well applied.Based on this,on the basis of summarizing the existing research results,this paper extracts the problems in the judicial application of civil guidance cases,and uses the judgement document network as a platform to search the judgment documents,and the specific judgments are used as evidence.Afterwards,how to break these dilemmas and improve my country's guiding case system as the core for in-depth research and discussion.The full text is mainly divided into the following three parts:Chapter One,starting from the development history and practical operation of the civil case guidance system,introduces the four stages of its mature development and the value function positioning,and outlines the definition and nature of the guiding case.The following in-depth research lays the theoretical foundation;Chapter Two,through the analysis of the relevant case retrieval results,combined with the previous survey data,further elaborated the difficulties and dilemmas encountered by the guiding cases in judicial practice.There are specific civil guidance cases in judicial practice with low utilization rate,unclear effectiveness,unsatisfactory generation and withdrawal mechanisms,and incomplete application mechanisms;Chapter Three,provides some own solutions to the aforementioned problems,including clear guidance The effectiveness of sexual cases,the improvement of related supporting mechanisms,and standardization at the applicable level.It is expected that the guiding case can play its due value function and can be better operated in our country.