The Practice of Thematic Release of Guiding Cases and its Improvement
Since the 16th batch of Guiding Cases,the proportion of thematic release of Guiding Cases has been gradually increasing and become the most important release mode,because it enjoys unique advantages:in terms of legal effect,it can actively construct a typed"case group"to provide multidimensional adjudication rules or methods for similar difficult cases;in terms of social effect,it can demonstrate the multiple extended functions of the Case Guidance System.However,there are also certain hidden dangers in relying too heavily on thematic release:the administrative color of the Case Guidance System becomes more prominent,which suppresses the natural generation of Guiding Cases;the accumulation process of similar cases has affected the timeliness of the release of Guiding Cases;the unbalanced topics among different batches cannot fully meet the multiple needs of trial practice;the intensification of its confusion with judicial interpretations has also reduced the unique value of Guiding Cases.On the basis of adhering to the thematic release,it is necessary to make targeted improvement:to combine actively-planned thematic release with non-theme-centered release to jointly increase the number of Guiding Cases;to make full use of the existing judicial case system to improve the efficiency of the selection of specific topics;to form a coherent relationship of"being harmonious but different"between many guiding cases on the same topic,thus demonstrating the application of various rules through the argumentation in the part of rational for the decision;to make thematic release mutually cooperate with corresponding judicial interpretations.Thematic release is a practical exploration and summarized experience of the operation of the Case Guidance System,can provide systematic adjudication rules in the form of cases,and will better enhance the reference effect of Guiding Cases after improvement.
Guiding CasesThematic ReleaseHoldingRational for the DecisionCase Group
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维普
