Research On The Generative Mechanism Of Guiding Cases

In recent years,establish and perfect the case guidance system is one of the important contents of the judicial reform in China.Guiding cases play an irreplaceable role in the practice of unifying the application of law and realizing "joint case and judgment".This research on guidance case generation mechanism is an important part of the case guidance system.It is a study on all the legal elements and the overall operation of the guidance cases in the case guidance system.Because the current academic research on this key step is usually aimed at the fragmentation of some problems in the case generation,it is the purpose of this research to put forward my own systematic views on the guidance case generation mechanism on the basis of the existing research and improve the understanding and understanding of the generation mechanism,an important part of the current case guidance system.The research of this topic should be based on two theoretical bases--the design purpose and characteristics of case guidance system.In the discussion of the object of study,is very important to understand the purpose of the case guidance system design.This helps accurate analysis and review of case guidance system,avoid the astray.According to the expression of relevant provisions of the case guidance system,the design purpose of the system can be summarized as: summarize the trial experience,unify the applicable standards of law,and improve the trial quality.This design principle conforms to China's national conditions and judicial needs,whether it is a system development direction of discussion or system problem findings and recommendations should be based on.Another important theoretical basis of this topic is the main characteristics of the case guidance system,including: first,the case selection method has a strong administrative color;Second,the guiding case effect is "should be referred to";Third,the guiding cases are after secondary screening and edit the judgment.Summarizes three characteristics,can be found that the Supreme People's Court for the whole operation process of this system have absolute control,which is the fundamental difference between this system and test system.Based on the theory of the purpose and characteristics of the system design,through the collection and statistics of relevant information in 139 existing guidance cases,it can be found that there are still some problems in this generation mechanism.In terms of case selection,the selection process has the problems of low participation of people from all walks of life outside the court system and too few guiding cases.Some of the selection conditions are suspected to deviate from the basic function of the system.In case production ways,the problems are: the difficulty in finding the original judgment,the excessively large clipping range of the guiding case,and the lack of limit specification of case editing.Although these problems exist for a long time,they are not insoluble.To solve the problems in case selection,we can optimize the selection conditions and establish a new selection method with unitary leadership and multi-subject participation.For the existing problems of case making,this paper also puts forward some Suggestions to improve: First,change the idea of making,and clarify the positioning of "key points of judgment".Second,increase the restrictions of editing.Third,unify and open the original text of judgment document.At present,the generation mechanism of guiding cases in our country is still in the process of development and improvement,so we should keep enough patience with it,find out the problems and put forward the adjustment strategies,so as to promote the sound development of the system.