Research Of Case Guidance System Of The Supreme People’s Court

With the development of the legal system, the speed of theintegration between Anglo-American legal system and Rome legal system is fast, andthe precedent system plays an important role in the world law stage. The SupremeCourt of China has established the case-guiding system according to thedevelopment of practice needs and the objective law situation. It is important to setup this system, conforming to the development of the times and inheritingthe tradition of case law in ancient china. There have beensome structural and institutional problems in the development of the SupremeCourt’s case-guiding system. This thesis attempts to make a superficial research onthe system from an jurisprudence angle in order to give some practical advice andsuggestions.This thesis is composed of four chapters. The beginning is introduction, whichintroduces the significance of the topic, the innovation and the content arrangementbriefly, and points out the necessity and the development of case-guiding system andthe anthor’s own opinions of building the dual releasing body ofcase-guiding system. The first chapter makes a brife introduction of the SupremeCourt’s case-guiding system, including its history, current situation of the system andsocial significance. The second chapter compares the case-guiding system to AngloAmerican law system, the Rome law system and the tradition of case law in ancientchina. The development of case-guiding system in China can’t separatedfrom successful foreign practices and past experiences, so standing on the shouldersof giants is possible and necessary. The third chapter points out the problems that havealready emerged or will emerge in the operation process of case-guiding system,suchas defects of system design, changing of judicial ideas.“Crossing the river by feelingthe stones” and “the top layer design” should be combined with each other and getmutual promotion. The fourth chapter is the answer to the fourth chapter, and theauthor also puts forward own thinking in this chapter, specifically some original ideasabout the dual releasing body of case-guiding system.