Since its establishment in 2010,the guiding case system,which has been in operation for over a decade,exhibits four main characteristics in the statistical analysis of judicial document samples.These include:The characteristic of publication with slow growth in quantity instability and a trend towards diversification in types and channels.The characteristic of application where the case reference rate increases but the citation rate in documents is insufficient.The characteristic of party behavior where offensive usage is more common than defensive,but sometimes misused as evidence.The characteristic of court behavior with a low rate of proactive citation and limited response to controversial issues.To bridge the gap between the reality reflected in empirical research and the anticipated outcomes,it is necessary for the theoretical community to critically reflect on three inherent issues.The closed nature and bureaucratization of case generation mechanisms.The expansion and limitations of institutional functional positioning.The ambiguity and crudeness of case application methods.Simply increasing the quantity of cases,improving their quality,or expanding their influence can only address operational issues superficially.Substantive improvement should instead focus on transitioning towards mechanisms characterized by competitiveness,market-oriented functionalities,and clear reasoning.
关键词
指导性案例/法律适用/司法改革/实证研究
Key words
Guiding Case/Application of Law/Judicial Reform/Empirical Study
维普
万方数据