| In recent years,the case guidance system has always attracted the attention of the academic and practical circles,and the product of the judicial reform process of China’s case guidance system has distinct Chinese characteristics,and the introduction of the case guidance system has been of great significance to the construction of the rule of law in our country.However,in the course of the operation of this new system,various problems will always be encountered,and the SPC’s "Provisions on Case Guidance Work" stipulates the effectiveness of Guiding Cases "should be referred to".There is no consensus in the academic circles as well as in judicial practice on how to understand the validity of Guiding Cases,and the positioning of the effectiveness of Guiding Cases is related to the operation of China’s Case Guidance System,and we need to study the effectiveness of Guiding Cases,and clarifying various issues in the validity of Guiding Cases will also help us further resolve the problems of different judgments in the same case that exist in judicial practice.This article mainly discusses thevalidity of Guiding Cases from the following four parts.The first chapter mainly introduces the basic theory of China’s case guidance system,explains the relationship between guiding cases and case guidance systems,clarifies the research objects of this article,and points out that China’s guiding cases are different from the case system or case law of civil law systems and common law systems,and China’s case guidance system is established under the background of judicial reform based on the dual functions of the political function and supervision function of the Supreme People’s Court,and is a case guidance system with Chinese characteristics.Compare the concept and validity of Guiding Cases with other case forms in China,and analyze the necessity of establishing a Guiding Case System from the perspective of the function of Guiding Cases.The second chapter discusses and analyzes the validity of guiding cases from the perspective of the academic discussion on the effectiveness of Guiding Cases and the problems existing in judicial practice of Guiding Cases,theoretically China has different understandings of the positioning of the validity of Guiding Cases,and there is no consensus at present;the unclear positioning of guiding effects has led to many problems in actual operation and application.Chapter III introduces the case system of the two legal systems of the common law system and the civil law system,and then provides reference for the development of China’s case system from the perspective of the difference in legal effect,applicable technology and the role played in judicial practice,combined with China’s social background and development conditions.The main task of Chapter IV is to position the validity of Guiding Cases on the basis of the above arguments,and to provide suggestions on possible ways to solve problems and improve the system,so as to better bring into play the role of Guiding Cases in judicial practice. |
