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Chinese Conception case guidance system model

Author: LiDanHua
Tutor: YangChangYu
School: Heilongjiang University
Course: Legal
Keywords: Different co- contracting Case guidance Case guidance system mode
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 36
Quote: 1
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Abstract


Due to the inherent defects of statute law, combined with China's vast territory, many nationalities, large regional differences between urban and rural areas, economic and social development imbalance, causing legal blind spots and flexibility are abundant, the judge discretion space is bigger, different regions, in the same area court sentenced to "" connection with different problem more common, society reacted strongly, beneath. The judicial authority Under the social reality, draw lessons from history and experience of other countries, with the aid of case guidance system, as much as possible unified judicial standard, compress the discretion space, make up for the shortcomings of the statute law, has become a realistic option. This article through to the case guidance system and the Anglo-American common law cases, some areas in China implement the precedent judgment of comparison and analysis, reveals the connotation of the case guidance system in China and has carried on the rational positioning; Announced on case in China listed in the form of interpretation, on the basis of analyzed the existing problems, and from the aspects such as historical tradition, the situation of legislation and judicial practice of establishing case guidance system are discussed necessity and actual reality, and finally puts forward the basic idea of construction of case guiding system in China, in order to promote the case guidance system in the establishment of the development in our country, promote the perfection of legal system and judicial unity.

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