The Case Guidance System Under Logical Horizon

Continuous integration of two legal systems, continuous collision betweenChinese and western culture, the national law system under a single legal systemgradually exposed the shortcomings, which requires introduced under the statutesystem of precedent system in our country as a beneficial supplement.One of the tasks of "The people’s court for a second five-year reform program" isset out in the establishing and perfecting the case guidance system of our country."The relevant provisions on the case guidance" is issued in projects in2010, after acase guidance system formally established in China. Now is the beginning of thepractice case guidance system in our country, therefore many theory also only stay inthe theoretical stage, is not well to guide the actual work. China is a country with longhistory of statute law, in accordance with the statutory entity bind the thoughts of thejudicial personnel. While common people differ from judicial workers, they prefer tointuitive case,and they ask for connection with the demands of justice. The emergenceof case guidance system is accordance with the objective requirement, not only canreform the judicial system, but also carry on the education and guidance to thepublic,so as to achieve unification of legal effect and social effect.The author tries to elaborate the case guidance system in the form of legalreasoning,in the form of deductive and inductive reasoning and analogy reasoning,and focuses on analysis of case guidance of analogical reasoning from the angle oflogic in this paper. Based on national conditions, the case guidance of our country isdiscussed in order to "projects regulations" as the basis. This paper expounds thenecessity and feasibility of establishing case guidance system in our country, andanalyzes the value and role of case guidance system in China. Precedent system basedon the case guidance system is derived from the western countries.The authorintroduces case guidance relevant to foreign experience,learn from the essence anddiscard the dregs, in order to help domestic instruction work. This paper analyzes our country’s case guidance to emphasize on guiding cases, and aim at the problems inreality from different angles, finally puts forward feasible measures.The article is divided into five parts:The first part is the summary of case guidance. This part first narrates thebackground of case guidance in our country, and then guides the concept from theangle of logic analysis case, which leads to the analysis of contention of logic andexperience the academic problems, and finally puts forward the author’s own views.The second part is the western countries’ case system. This part takes the view ofthe mountain can offend jade,and introduces western case guidance system,which isdivided into two parts: Anglo-American law system and common law, respectivelyby the British system of common law, equity law, and Germany and Japan,represented by statute law case guidance system and hope for the reference ofdomestic case instruction work.The third part is the analysis of the necessity and feasibility of case guidancesystem. This part focuses on the value and rationality of analysis of case guidancesystem in China.At the same time,the author expounds why we should perform caseguidance system and why can be the case guidance system, and also puts forward hisown view of the nature of the case guidance in our countryThe fourth part is the choice and application of the instructional cases. This partis the most practical significant part of the paper, which is a bridge from theory topractice of case instruction. This part expounds distribution, selection,application andeffectiveness of the guiding cases.The fifth part is the problem of the case guidance system in China. This partanalyzes thoroughly the problem of case guidance in our country from the start of thejudicial practice, trying to put forward some solutions.