规范化案例指导制度的法理与技术——一个实践刑法学视野的回应

Rationale and Techniques for the Guiding Case System:An Analysis from the Perspective of Practical Criminal Law Studies

案例指导制度的建立与运行,是我国近年来推出的一项重要的具有中国特色的司法改革举措。无论是学界还是实务界均对其给予积极的评价,同时在揭示其不足的基础上提出优化和完善的建议。此文以此项制度的关键词“裁判要点”为切入点,围绕裁判要点的定位、提炼、运用及编纂展开分析和论证,最后立足于实践刑法学的视野对其未来完善提出若干建议。

The establishment and operation of the guiding case system is a significant judicial reform with Chinese characteristics which has been implemented in recent years. This system has won acclaim from both legal academics and other legal professionals, who have also offered some valuable suggestions for optimizing the very system. Centering on the concept of “key adjudicating points”, a key word in the guiding case system, this paper focuses on the definition, abstraction, application and compilation of the key points for making judicial decisions. Additionally, some suggestions are offered for improving this system from the perspective of the practical criminal law studies.