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Case guidance system and the system of the case law

Author: JiangChao
Tutor: ShuGuoZuo
School: China University of Political Science
Course: Legal Theory
Keywords: Case guidance system Guiding case Case Law Precedent New forms of judicial interpretation
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 584
Quote: 1
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Abstract


From the mid-eighties of last century, the onset of the trial reform , making some of the inherent drawbacks of the statute started to get attention, but local courts through case law applicable to the practice of guidance and voices are increasingly apparent. In guiding case during operation exposed some of the outstanding problems to be solved , one of the most important global institution building relationships is guiding case the nature and effect of the problem . Currently, the academic debate surrounding this issue is to explore whether it should be equivalent to guiding cases and jurisprudence ? This also leads to the subject of this study . This article first two official case modeled scenarios and Precedent find points of comparison , visually show our guiding case precedents and common law legal origin and judges in Judicial Activism significant differences exist . Next, the article selected representatives of national case law system in the United Kingdom and the United States, Asia, Hong Kong, Germany, with a civil law tradition as the research object , the full show in the world today typical case law and jurisprudence system before running for the next comparison of deeper institutional level foundation . Subsequently , through the above-mentioned countries and regions run case law or jurisprudence system is based on the conditions of correspondence analysis, the Chinese do not have the basic conditions applicable case law, this preliminary conclusion. Finally, the paper argues that the development of the guiding case a new form of judicial interpretation , is about guiding case for the judicial interpretation of the four additional legal form outside the statutory interpretation of the fifth form , and thus the case guidance system into the judicial interpretation institutional framework, and following the necessity and feasibility demonstration. Text comparison method is mainly used in legal culture comparative method , from the concrete to the abstract , drill down commenced , and strive to demonstrate comprehensive knowledge , clear thinking and sound reform program context .

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