Research On The Improvement Of The Chinese System Of Directive Cases

In 2010,the Supreme People's Court issued the "Supreme People's Court Regulations on Case direction Work",which marked the official launch of the s ystem of directive cases.The system of directive cases is in line with China's historical tradition of attaching importance to "cases".It also conforms to the trend of integration o f the two major legal systems,and is also an important part of China's judicial system r eform.It is essentially a law application system,which different from judicial interpre tation,precedent system and transitional measures.It exerts the system function of guaranteeing the trial-level supervision right,promoting the unified application of laws,curbing judicial corruption,enhancing judicial credibility,saving judici al resources and improving judicial efficiency,etc.But as an emerging judicial system,there are still disputes regarding the criteria for case selection,the sc ope of the main body of case release,and the effectiveness of the system of directive cases,etc.And there are still problems such as lack of detailed specifications,too few guiding cases and poor quality,low ap plication frequency and inappropriate application of directive case,and scatte red and diverse directive case retrieval platforms,etc.Aiming at the problems of the system and thinking on the improvement of the system.The promotion of the chinese system of directive cases requires not only the resources of th e jurisprudence system drawn from the two major legal systems,but it is also necessary to provide feasibility suggestions from three aspects of improving t he case release system and quality assurance mechanism of the system of di rective cases;improving the applicable mechanism of the system of directive;establish a judicial adjudication assistance--the unified system of case retri eval.It is hoped that the system of directive cases will flourish.This article is divided into four parts:The first chapter is the basic theory of the system of directive cases.First,determined the scope of the research object of this article is the directive cas es which issued by the court as the main body of creation,and introduces the concept of directive cases.Secondly,sort out and analyze the actual basis of the system of directive cases to find a justification for the system.Then,discu ss the nature and function of the system of directive cases,distinguish it from judicial interpretations,jurisprudence,transitional measures,etc.Deepen und erstanding and avoid confusion between this system and other similar system s.The second chapter is about the current situation,existing problems and cause analysis of the system of directive cases.The current situation of the sy stem of directive cases is explored from three aspects:The norms of the syst em present a development trend from coarse to fine;There are three major di sputes in theory;There are applicable problems such as inconsistency,imbala nce,and inconsistency in practice.Then analyzes the problems and challenges faced by the system of directive cases in judicial practice.These problems are concentrated in the absence of detailed rules of the system of directive cases The number of directive cases is too small and the quality is poor.The freque ncy of application of directive cases is low and application method is inappro priate.And the retrieval platform of the directive cases is scattered.Then,thro ugh the problems exposed by the system,deeply explore the causes of the pr oblems.The reasons mainly include the inherent limitations of the legal norms themselves,and defects in the directive case release mechanism,and the la ck of a directive case evaluation and clearing mechanism,and the judges are constrained by traditional sentencing thinking and their overall quality needs t o be improved,and lack of uniformity case search system provides technical support,etc.As a result,we have a comprehensive and multi-dimensional und erstanding and grasp of the system.The third chapter is the regulations and references of relevant extraterrito rial systems.Analyze the development and application of case law systems w hich related to our directive cases system in major countries in the two major I egal systems,including the United Kingdom,the United States,Germany,and France.Summarized and learned from the experience of the operation of relev ant systems and the expansion of judicial practice in foreign countries,and ba sed on our legislation and judicial practice,found a path to the construction of a case directive system with Chinese characteristics that is suitable for our c ountry.The fourth chapter is the improvement measures of the system of directi ve cases,which is also the key part of this article.First,improve the case relea se system and quality assurance mechanism of the system of directive cases so that the number and quality of directive cases can be effectively improved.Secondly,in the improvement of the application mechanism of the system of directive cases,specific entry points such as case identification technology,r uling points,judge initiative,and deviation from the applicable reporting syste m are selected as supporting points to support the improvement of the specifi c applicable mechanism of the system of directive caces.Gradually form an o verall trend that promotes the development of the system of directive cases.F inally,the judicial system and the three most important links in the operation o f artificial intelligence-"massive data,expert experience,model algorithms" ar e combined to explore the integrated construction of supporting mechanisms such as case databases,case retrieval systems,and case adjudication assist ance systems under the system of directive cases.Improving judicial efficienc y while giving full play to the institutional advantages of the system of directiv e cases and achieving the ultimate goal of this system.