Research On The Legitimacy Of The Case Guiding System Of The Supreme People’s Court In China

This thesis regards the legitimacy of the Case Guiding System of the Supreme People’s Court(CGS) as the main research object. According to the above logic, the thesis is divided into five parts.The first part is the definition of the CGS and legitimacy. As for the definition of the CGS, the article firstly uses the methods of Logic to define its connotation. Then the similar systems are distinguished with the CGS to highlight its features. For the definition of legitimacy, the author analyses it from two sides which are the empiricism and the rationalism. On the empirical level, the CGS is the inevitable choice of social development.On the rational level, the CGS not only contains the value of equality, efficiency and fairness, but also is with the legislative, judicial and theory promoting functions. It meets the objective standard of valve.The second part is that the CGS is the inevitable choice of social development.Although the CGS is different from the Case System, both them are the systems that the ways to apply laws which are found from the cases which are already in force. The two systems are not established deliberately by the lawmakers or judges. Actually with the advance of the society they develop gradually. So the CGS is selected by the society.The third part introduces the values of the CGS. They are reflected in three aspects:equality, efficiency and fairness. In the aspect of equality, the CGS emphasizes the same cases should be judged same. In the aspect of efficiency, the CGS can reduce the cost of lawsuit. In the aspect of fairness, the CGS can prevent favoritism and make the judgment more reasonable.The forth part is the function of the CGS. Its legislative function is that the CGS can make up the shortages of the statutory and the judicial interpretation. Its judicial function is the CGS can reach the goals of legal unity, regulate the discretion of the judges and improve the quality of trial. In addition, the CGS can provide research material.The fifth part is the response to the suspect about the legitimacy of the CGS. There are many views that the CGS is not legitimate since the CGS created. These views are it is lack of the legal basis, it is against the tradition of the statute law, it is contradict with the goals of the judicial innovation, it weakens the judge’s independence and it doesn’t have practical significance. So the article analyses the above opinions one by one to prove the legitimacyof the CGS from another side.