Research On Judicial Application Of Guiding Cases Of Supreme People's Court

The case guidance system is currently an important system for China judicial practice.Since the establishment of the case guidance system,the legal theory circle of our country has launched a lively discussion on the system.In the judicial application research of guiding case,most studies believe that the issue of effectiveness hinders the realization of the effect of judicial application.From the original intention of establishing the guiding case,it does not seek to become a universal rule,but to show the rule of law thinking in a special form in the case for the reference of other judges.This is destined to have its own location for guiding cases.Guiding case establish a space for dialogue on the premise of statutory rules,and show statutory rules,and show statutory rules in specific experience,not aiming at becoming a universal rule,and keeping open to other experiences at the same time.In addition to the introduction and conclusion,this article consists of four part s.The first part is to explain the basic theories related to the Guiding Case.First of all,starting from the limitation of statutory law,the reason for setting up guiding c ases are drawn.Then clarity the relationship between the guiding case and the judi cial interpretation,and believe that the judicial interpretation has a quasi-legislative nature,and the guiding case is different from the judicial interpretation.On this ba sis,the goal of the guiding case is to summarize trial experience,establish judgm ent rules,and standardize the discretion of judges.The second part focuses on responding to the issue of the effective of the guiding case.Effectiveness is an important point of comparison between our country's guiding case system and extraterritorial precedents,and is the key to highlighting the characteristics of our country's guiding cases First,it traces the issue of the effective of the guiding case,and proposed that the improvement of the guiding case is not to clarify the effectiveness of the guiding case,but to summarize the trial experience also provide origin of knowledge and judging rule for the law.Secondly,it responded to the academic research on the effectiveness of guiding cases.The third part is to summarize and analyze the research results of others achievement,combined with case analysis to reveal the problems of the guiding cases in the judicial application process.This article concludes that there are three main problems in guiding cases.The first is the difficulty of applying similar case judgment techniques in judicial practice,the second is the lack of trial experience in the main points of the judgment,and the last is the negative application of guiding cases.In the fourth part,it is proposed that basic issues and key facts should be added as the content of judging similarity,and the similarity should be judged by analogy reasoning.The main point of the judgment is to summarize the experience of the case.The main points of the judgment is to summarize the experience of the similar case.The facts of the original case are connected with the judgment of the similar case,so it cannot deviate from the facts of the original case.Referee points should be cautious when necessary.Be cautious about the function of communication public policy in the main points of the adjudication,and pay attention to the negative function of public policy.The main points of the adjudication should determine the boundary of a specific legal issue through the experience of a case.The final focus is on the effect of measures supporting the guiding cases on the formation of judicial experience.Promoting the deepening of the reform of the judicial power operating mechanism and strengthening the judge's ability to reason out help improving the quality of the Supreme People's Court's Guiding Case.Also it will provide a more solid reason for the application of Guiding Case.The benign interaction of the legal professional community is conducive to promoting the judicial of guiding cases.