Research On The Operation Of The Guiding Cases

The inevitable requirement to realize judicial fairness is the unity of the legal application. The phenomenon of the different verdict in the same case makes the great contribution to the establishment of the case guidance system in our country. The Chinese case guidance system is a major change.The Supreme People’s Court has published the guiding principles succession since November 2011, and asks the courts to refer to the guiding cases when they deal with the similar case. Case guidance system has entered the operational phase. The method about Identification of same cases and how to cite in the judgment,in our country is still vague.Our guiding case effective co identification method, is a new issue urgent legal theorists and practitioners to explore further. However, there are no papers on this issue.In view of this,the paper systematically explores recognition methods about the same kind case and citing issues in judgment which used in the guidance.The article attempts to take the civil case in the Supreme People’s Court as an example,the paper summarizes the problems mentioned above.Closely combined with the actual theory,the paper explores the methods used to distinguish same kind case and citing issues in Chinese guiding cases.Through the application of technology to grasp the facts of the case, the distinction between the objective recognition of the above study the issue. This paper introduces the current methods used, including the subject of litigation similar law, facts similar law, and pointed out the dilemma.Secondly, expound and draw two legal systems in terms of practices identified, and indicate the feasibility of its application to our country. Again, to explore the Chinese guiding cases implementation, identification method path similar civil cases, by looking for reference guiding cases, analogical reasoning, inductive claims, discrimination facts, as found in the standard. Finally, we explore the guiding case citing problems. Theoretical close connection with reality, increasing the possibility of applying a certain extent, the analysis of the problem has a strong theoretical and practical value.Creative results of this paper is to resolve the ambiguous problem, not only can be applied to similar civil cases, criminal cases and administrative cases also has an important reference.