摘要
2010年11月底，最高人民法院发布了《关于案例指导工作的规定》（以下简称《规定》），后确定并统一发布指导性案例，用以指导全国法院的审判和执行工作。该规定的出台，被不少研究界和实务界人士视为中国案例制度建构过程中的标志性事件。苌至有学者提出，终于有可能产生中国的“马伯里诉麦迪逊案”了。
By the end of November,2010,the Supreme People's Court issued Provision about Case Instructions to instruct local courts'trial and implementation.After the provision came into Beijing,it was regarded as a milestone event in China's case system by many people in research circle and in practice.Some scholars even pointed out that it is likely to give birth to Chinese version of Marbury V.Madison Case.However,it goes into technical details,the newly-born case instruction system do have remarkable differences between the establishment of precedents in U.S.Supreme Court.More importantly,compared with the content of famous precedents,we are not familiar with the formation of precedents in U.S.Supreme Court.Therefore,this article plans to make a brief introduction of the specific process of how precedents were formed in U.S.Supreme Court so as to provide experience reference for the establishment of China's case instruction system.Admittedly,we don't need to blindly copy foreign system.Yet,from the technical perspective,it is more than beneficial to learn from the useful components of mature foreign system for the improvement of our own' institution.
