On The Problem And Perfection Of The Referee's Points Of Guiding Case

The case guiding system,established in 2011,produced excellent results;meanwhile,tons of side effects come out.As the referee's point is the key to the case guiding system,the quality of generation of judgment methods,lawful measurements,and judicial thoughts may affect case guiding system and its future references directly.Accordingly,taking the generation of the referee's points as the research object and summarizing the guiding cases which have been released to explore the issues of generation,reasons,and solutions.As for issues of the referee's points in the generation,they can be divided into two parts which are the degree of generation and the content of generation.In the first part,the issues can be expressed of lacking abstractness and concreteness.While the second part,problems can be reflected in the depletion of existing laws,the content of the referee's points beyond the original case and ignoring the content with guiding significance lead to the incomplete generation of referee's points.By finding out the reasons behind the issues,at the micro level,the lack of generation consciousness and ability,courts whose referee's points first time generation subject making judgment may lead to low quality of generation and the supreme court has to undertake the task of generation again.While in the second generation time,due to the limitation of supreme court's realization in the corresponding case,the issue of lacking experience let the problems show up again.At the macroscopic level,too many referee' s points expected objectives and the lack of judgment of practical effects lead to a lot of impediments in referee' s points generation.The solution to solve this problem is to improve the recommended subject's generation consciousness and the ability which can make sure generation work belong to recommend topic;and establish the effective communication between supreme courts and trial courts,state organs,social organization,specialists,refining referee's points content standard,and pattern standard.