我国“案例公布制度”的实证考察及其启示

An Empirical Investigation and Its Implications on China's "System of Published Cases"

自1985年起,最高人民法院采用《公报》的形式定期向国内外公开发布典型案例,以为下级法院在审判同类案件时"提供范例"。但"案例公布制度"并没有很好地实现指导全国各级人民法院的审判工作,统一法律适用标准的初衷。目前司法实践中还存在着同案差异性审判、同案的重复性审判、案件的机械性裁判和地方法院各自统一法律适用标准等现象,这些现象的出现主要是由于"案例公布制度"自身存在的诸多制度性缺陷所致,因而需要在制度层面予以完善。

Since 1985, the Supreme Court has regularly published the typical cases in the form of bulletin to the internal and external countries with the aim to ＂provide precedent＂ for lower courts in ruling the similar cases. But the ＂system of case proclamation＂ has not yet achieved its original intention of directing court practice in all levels so as to unify criterion in law application. In current judicial practice, there exist unsatisfied phenomenon such as different or repeating rnling for the same case, mechanical respective ruling and unified application standard within the district courts for their own. This shows that the system itself is not sound enough. It needs to be improved further. We should deal with the ＂system of case proclamation＂ with the attitude of what we learned and what we lessoned in the process of its establishment.