Guiding Cases Judicial Application Research

The case guidance system is an important measure for judicial reform and innovation in China,which helps to unify the application of law and to improve the quality of trials.The Regulations on Case Guidance Work and the Regulations on Case Guidance Work issued by the Supreme Court provides preliminary guidance on the application of the case guidance system,but the definition of “reference” was unclear,which objectively caused the poor judiciary application.The academic circle has put forward the theory of factual binding force,the theory of administrative restraint force and the theory of legal binding force.Through various analysis and argumentation,the positioning of the institutional binding force is considered to get certain rationality.Through the study of the guiding cases release over the years,the development prospects of this system is found out to be very optimistic.Throughout the judicial application report over the years,the actuality of the guiding cases application is as the followings: the singleness of the invocation content,the unbalance of the court level,and the judges tending to invisibly invoke.After refining and summarizing,some problems are analyzed out: such as the unclear text meaning,the insufficient content argument,and the lack of reference applicable technology,the lack of judicial referee's awareness,and the insufficient of the rationality.In conclusion,in order to give full play to the expected function of the guiding case,it is necessary to endeavor both in theory and in practice while facing the practical situation,such as providing legislative support for “reference”,providing a guarantee mechanism for operation,and improving the quality of the guiding case itself,increasing the case evaluation part,establishing localized reference applicable technology,focusing on cultivating the reference consciousness of judges,and emphasizing the reasoning of reference or non-reference.Through targeted solutions to problems exposed in judicial practice,this paper is expected to promote the construction and development of case guidance systems.