Study On The Spontaneous Application Of Cases In China

It has been a long time since China established its own unique case system,and "Provisions on Case Guidance" marks that the case guidance system has entered a new stage on the way of establishing China’s unique case system.This is followed by the practical test and theoretical exploration of the case guidance system in the judicial practice and theoretical circles.When the theoretical circle pays enough attention to the study of case guidance system,it ignores the function and benefit of guiding case as a form of judicial case from the perspective of legal functionalism.Abandoning the construction of case guidance system,the spontaneous use of guiding cases,even reference cases and general cases,is the embodiment of its own effectiveness.The occurrence of the spontaneous use of cases is not limited by the region or the type of cases,but is characterized by different factors such as the case system and the judicial system of the country.With the continuous construction and improvement of China’s case guidance system in the system,coupled with the "Internet" and other emerging technologies to promote the spontaneous use of cases.It becomes urgent to explore the application function of the case itself.Case of spontaneous use will have a positive impact on our country’s judicial system,the positive role is to breakthrough the limitations of case system construction,to our country network play a role of judicial public written judgment,break through the instructional cases insufficient in quantity,type,the concentration of the national people’s courts at all levels effectively in judicial experience,difficult to deal with complex cases.This paper discusses the spontaneous application of cases in China from the perspective of the judge’s spontaneous application of cases.This paper adopts literature analysis method,empirical research method,theoretical research method and other methods,based on a related overview of the theory of spontaneous use of cases,summed up the current type of spontaneous use of cases in China.At the same time,by combing the spontaneous use of cases outside China and combining with the current situation of the spontaneous use of cases in China,the significance and measures to enhance the spontaneous use of cases in China are proposed and summarized.An overview of each section is as follows:The first part is the introduction,which mainly introduces the research background of the spontaneous application of cases and the theoretical and practical significance of the research.Research status of spontaneous application of cases at home and abroad;The research method,content and innovation of this paper.The second part is the theoretical introduction.This part mainly summarizes the spontaneous use of cases at home and abroad,and introduces the relevant theories of the spontaneous use of cases.At the same time,the spontaneous order theory of von Hayek is introduced as an analytical tool for the spontaneous use of cases.The third part is the introduction of the application of spontaneous cases in China.This part mainly describes the spontaneous use of cases in China,and points out the corresponding problems combined with the spontaneous use of cases.The fourth part is the introduction of the spontaneous application of cases outside the domain.This part mainly introduces the spontaneous use of foreign cases and concludes the enlightenment of the spontaneous use of cases in China.The fifth part is the measures and significance of improving the spontaneous application of cases in China.This part mainly summarizes the significance of improving the spontaneous application of cases in China,and puts forward corresponding improvement measures combining with the theory of spontaneous order.