Research On Judicial Application Of Guiding Cases In China

The related research of the guiding case system has been widely concerned by the academic community.At first,the scholars focus on the normative effect of the guiding cases,and then point out the cases of case-oriented case defects and then to the case study how to apply the judicial application.With the increasingly mature system of justice is also particularly important to its expectations in the Chinese judicial process left a heavy color.However,the current guidance case system itself is still loopholes,the judge of the case of discomfort is very strong;case text editor to simple but with the original text of the contradiction between the details;specific cases with the current guidance case how to match;sector law guiding In particular,the case has been issued with criminal guidance cases and scholars far from expectation;commercial guidance cases and actual living conditions out of touch;guidance case of the application of logic;guidance case can be used as a basis for the case.In view of the above problems,the author mainly adopts the strategy of concurrently commenting and combining with the specific case trial in judicial practice,trying to make the relevant argument rich in hierarchy.In the judicial application of the guiding case,the author first sums up the relevant theories of the guiding cases at home and abroad,and then analyzes the judicial value of the guiding case system.On the basis of the above theories,The existence of defects and shortcomings of the case analysis;the core of the article for the defect to solve and improve the system.The author puts forward some suggestions on the normative effect of the guiding case,the applicable logic of the guiding case,the guiding text clerk and the reform of the trial system,and tries to draw some innovative suggestions and hope to benefit the current system reform.