The guiding case system aims to promote the unity of legal application through the reference to previous cases by all courts at all levels.However,the operation of the system is plagued by numerous issues such as unclear effectiveness,inadequate supply,and limited application scope.Given the similarities between the operating mechanism of following precedents to achieve consistent judgment and guiding cases to ensure the uniformity of application of law.By analyzing the operating conditions of following precedents in case law and observing its effects within the operating environment of guiding cases,it is found that there are fundamental differences in the logic of legal application between the two methods.therefore,efficiency,stability,authority,and development of the guiding case system in achieving unified application of law are not satisfactory.Guiding cases should return to their value as guiding demonstrations rather than binding force,and should focus on covering judicial disputes and increasing case competition while improving corresponding selection and withdrawal mechanisms.
关键词
指导性案例/遵循先例/同案同判/法律适用统一/运行机制
Key words
Guiding Case/Stare Decisis/Same Case Same Judgment/Unified Legal Application/Operational Mechanism
维普
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