Reference Study Of Guiding Case Adjudication

Based on the practical needs of our country,the Supreme People’s Court has issued guiding cases and released the gist of justice,which have a profound impact on the judgment work of courts at all levels as well as the construction of the rule of law in the new era.With the implementation of the case guidance system,due to the influence of internal and external factors,the court faces many difficulties when invoking the guiding case,which directly hinders the function of the guiding case.The Provisions on Case Guidance in 2010 and the corresponding implementation rules issued in 2015 failed to specify the specific application techniques and actual citing schemes of guiding cases,which are not enough to support the actual needs in practice.The main research content of this paper is to explore the problems existing in the reference of guiding cases and explore the improvement path.This paper starts with the analysis of guiding Case No.17 and deepens the theoretical research by combining a single case.First,it reviews the basic situation and the focus of controversy of guiding Case No.17,studies the conditions for citing guiding case No.17 and analyzes the value of citing guiding case No.17.Thirdly,using the empirical analysis method,the paper makes an overall and specific analysis and summary of the citing of No.17 guiding case,and examines the defects in the citing of judgment and the reasons for their formation.Finally,in view of the problems in No.17 guiding case,relevant improvement measures are put forward.First,the effectiveness of citing guiding cases is clarified,the consensus thinking of citing guiding cases is formed,and guiding cases and judicial interpretation are reasonably divided.Second,improve the operation and application of the case guidance system,strengthen the reasoning of citing,implement unified rules and methods of citing,take "reasons of judgment" as the object of citing,and gradually improve the guarantee mechanism of citing guiding cases.Through the improvement and complement of the above multiple levels,the model of guiding case judgment is perfected,guiding cases are integrated with specific cases,and the mechanism of case interpretation of the system is fully applied.With the integration of the new legal thinking mode,the legal loopholes should be filled,the fair and just judgment should be promoted,the same case and the same judgment should be gradually realized,and the proper value of the case guidance system judgment should be truly played.