Guiding Cases Judicial Application Research

Case system as the important measure of the judicial reform and innovation,is to sum up the experiences of trial and unified legal application,improve the quality of the trial,the most important ways of maintaining judicial justice.The guiding cases are the core issue of case guidance system.Mainly in this paper,we study instructional cases guiding case applicable problems in judicial practice,the reason is because this topic research two practical problems.First at the present stage in our country has already formed the case guidance system,the judiciary professors and scholars began to explore how to specific application in the judicial practice of the problem.Second with the implementation of the case guidance system in system level,the focus of the study should also went up from the legislative level corresponding to the judicial level.The basis of the study guide case judicial application,around the reference to the validity of the applicable description.With reference to the applicable effect problem involves three important points,and the relationship between the three layers of progressive:consult applicable connotation,should consult applicable and reference to the applicable law.These are the most fundamental guiding case problems,rooted in the benefits of these problems is that we are studying the judicial practice of guiding cases dialog premise,applicable problem be unified view of basic problem can agree on goals.Analyze the instructional cases refer to the applicable technology,mainly include the guiding case retrieval,similarity judgments of similar cases,guiding case quoted,ruled out applicable technologies and the situation of comprehensive balance,this five technology using in practice is be short of one cannot.Guidance of case retrieval in this paper,we mainly discussed the two ways,the way is to typed way of thinking,the other way is the basic guiding case retrieving way.The case similarity judgment mainly involves two points very important,it is necessary for two cases the fact judgment,the second is the use of legal reasoning method.Biggest controversy in the judicial practice of a problem is the problem of instructional case quoted,guiding case quoted academia mainly divided into two factions,one side think quoted is guiding the entire contents of the case,think of the other party is quoted the referee points,the author in this paper support side view,citing the referee points.Ruled out the applicable technology is aimed at guiding cases in trial process and use of special condition.Finally comprehensive situation change technology is combined with social status,goal is to make sure it can consult applicable guidance case for perfection.The empirical research of instructional cases,are analysis of the current applicable situation of guiding cases.The author in this part of the first case was quoted as saying in the judicial practice of instructional situation made a statistics,the second is according to the number of statistical analysis is proposed in reference to apply some of the problems.Guiding.cases is based on the current judicial practice problems put forward solutions,mainly concentrated in two aspects were discussed.One is on the judicial level to improve the level of justice,it is not just is the judicial system level to improve and judge the level of business is to increase.The other is need to establish a guiding cases related to security system,including establishing incentive mechanism of guiding cases and related training mechanism and so on.