Research On The Validity Of The Guiding Cases

The source of my country’s law is based on statutory law.The spirit of the modern rule of law requires that the statutory law is predictable,so the statutory law needs to be clear and stable and cannot be changed at will.In order to adapt to the continuous development of society,it is necessary to use limited legal provisions to cover the infinitely changing world,and the statutory laws have the characteristics of ambiguity and lag.With the rapid changes and constant changes of the times,the Supreme People’s Court of our country has perfected and supplemented the existing legal provisions by formulating judicial interpretations.The ambiguity and hysteresis of the law has been alleviated to a certain extent due to the emergence of judicial interpretation,but the connection between the law and the specific case still cannot be completely resolved.As a result,my country began to implement a case guidance system to alleviate the disadvantages of different judgments in similar cases in judicial practice.The case guidance system occupies an important position in advancing my country’s judicial reform and judicial justice.In the recent stage,there has been intense discussion about the case guidance system in academia,and the core issues are related to the effectiveness of guiding cases.Clarifying the various issues of the effectiveness of the Guiding Cases is of great help in effectively exerting the effectiveness of the Guiding Cases,thereby further realizing the appeal of the same case.The academic circles have different opinions on this issue.There are two mainstream viewpoints and doctrines of fact-binding and legal-binding on this issue.The author will use the source of the effectiveness of the Guiding Cases as the basis to define the effectiveness of the Guiding Cases,and compare the effectiveness of foreign precedents,to further explore the problems of the effectiveness of the Guiding Cases in judicial practice,such as the Guiding Cases The maintenance of the effectiveness of the case is not perfect,and it is separated from the substantive issues such as the imperfect generation mechanism of adjudication activities and the low recognition of the effectiveness of the guiding cases by legal practitioners.After combining with the actual situation in our country,it is proposed to strengthen the guiding cases.Relevant and operable suggestions for effectiveness construction,such as improving the supervisory mechanism of guiding cases,improving the procedures for generating guiding cases,and enhancing legal practitioners’ sense of identification with guiding cases,etc.