良法善治视角下案例指导制度的完善

Improve the Legal Decedent Guiding System from the Perspective of Good Law and Better Governance

典型案例具有以案释法、以案辅判、以案宣法等功能,为司法办案提供最直接生动有效的指导,是促进良法生成的必要补充,也是促进良法实施的基础举措。案例指导制度经过十余年的探索发展,取得了显著成效,但与预期目标尚有差距,还存在适用标准不明确、配套机制不合理、司法人员缺乏案例应用思维等问题,影响制约案例指导功能发挥。充分了解案例指导制度的发展现状,以新发展理念为指导,进一步认识其重要意义并不断完善,新时代案例指导工作才能有长足发展、进步,司法体制改革成效才更具生命力。

Typical legal precedents have the functions of interpreting the law with cases, assisting the judgment with cases and publicizing the law with cases. They provide the most direct, vivid and effective guidance for judicial case disposal. They are not only a necessary supplement to the promotion of good law making, but also an essential measure to promote the good law implementation. After more than ten years’ exploration and development, remarkable results have been made in terms of the caseguiding system, but there is still a gap between the reality and the expected goal. There are still some other problems, such as unclear applicable standards, unreasonable supporting mechanisms, judicial personnel’s shortage of decedent-applying ideology, which refrain us from bringing into full play the case-guiding function.To have full understanding of the status of the case-guiding system development and take the new development concept as our guidance, further realize its significance and constantly improve it, we can make considerable progress in the case-guiding work in the new era, and vitalize the effectiveness of the judicial system reform.