In Comparative Perspective Our Case Guidance System For Parsing

Case directing system discussed by the academia over years was firmly established in China in the end of 2010. Supervisions of the Supreme People's Court on Case Directing System(SSPCCD) brings the principles of case law into China's legal system, indicating the initial fulfillment of the second five year reform contour on case directing system system set by the supreme people's court. However, Chinese case directing system is not a simple duplicate of either the Anglo-American legal system or the continental law system, adopted by Britain and America, European countries respectively, it is a localized and Chinese-characterized legal system. This paper includes four parts.The introduction part gives the brief of our research background and research Especially since SSPCCD was set up in 2000, China has officially established Chinese-characterized case directing system. This gives our research background and aim.Chapter one summarizes the exact definition of Chinese-characterized case directing system from SSPCCD, clarifies the legal nature of"judge explaining law"and analyzed the necessity of the establishment of case directing system from four different aspects, i.e., remedying the legal defects, regulating the judge's freedom on case judging, improving legal efficiency and promoting legal harmonization.Chapter 2 compares the nature and the applications of the Anglo-American case law system and continental civil law system from the comparative law's perspective and points out the essential difference between"judge producing law"and"Judge explaining law".Chapter 3 is the prominent part of this paper. Based on the case directing system established by SSPCCD, this part aims at composing and applying the directing cases. The composing process has to make the subject unique , the process strict, the filtering versatile and the form explicit. From the perspective of legal applications, SSPCCD displays some obscurities and controversies. Therefore, this paper borrows superb experiences from other countries and aims to concreting the obscurities and harmonizing the controversial issues.This paper intends to interpret the SSPCCD's impact on implementing the Chinese case direct system, basing on the analysis of the system comparison of Anglo-American case law and continental civil law, and to better the running of our country's case directing system and to provide beneficial advice for the drafting of"provisions of the case directing construction"...