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The Evolution and Exploration of Case Guidance System in China

Author: LiGuoHui
Tutor: ChenLingHai
School: East China University of Political Science
Course: Legal Theory
Keywords: Case guidance Guiding case Supreme People's Communique Empirical Analysis
CLC: D926.2
Type: Master's thesis
Year: 2011
Downloads: 70
Quote: 0
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Abstract


Since the reform and opening up, China's social life intensified, the statute can not adapt to this new situation, a large number of different co-contracting phenomenon in judicial practice, serious damage to the authority of the judiciary, wasting a lot of judicial resources, breeding corruption in the judiciary. Faced with this situation, some scholars have proposed the introduction of jurisprudence system to compensate for the statutory loophole unified judicial applicable. Especially the Supreme People's Court Gazette began publishing since the typical case, scholars whether the introduction of the precedent system of fierce debate. In 2005, \November 26, 2010, the Supreme People's Court promulgated provisions directing work on case began the first step of the practice case guidance system in China, 2011 to become China's \Empirical investigation of the case of the Supreme People's Court Gazette as a starting point, a case study guidance system Evolution and build mode both theoretical significance have practical value proposition. This paper is divided into three parts: the first part introduces the \The second part describes the practice of judicial uniform application, to make up for the loopholes in the statute, regulation judges discretion the right to save judicial resources, case guidance system of the urgent need to clearly establish the necessity of the case guidance system. The third part through the empirical analysis of the Gazette of the Supreme People's Court criminal case and lessons learned, explore case guidance system build mode. On the one hand to define the main carrier of the guiding case, the Supreme People's Court Gazette reveal authoritative position with unrivaled by other publications. On the other hand, an empirical analysis of the overall characteristics and the development and changes of the criminal case Gazette refining Summary Bulletin released the successful experience of the case and inadequacies. The fourth case guidance system of the status of implementation of the third part of the lessons learned and the Supreme People's Court, \Possible innovations of this paper is to summarize: the unique perspective of the empirical investigation of the case \propose specific case guidance system operating program, strive to express views on the basis of the empirical. This article does not intend to explain and elaborate substantive laws apply, \focused on the systematic analysis of the case of the \

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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