Judicial experience refers to the knowledge and expertise of the judicial staff which is accumulated during the complex judicial activities,so it makes up the deficiency of the statute law,standardizes the discretion ...Judicial experience refers to the knowledge and expertise of the judicial staff which is accumulated during the complex judicial activities,so it makes up the deficiency of the statute law,standardizes the discretion of the judge,ensures the applicability of the law and improves the judicial efficiency. Due to the shortcomings of the case referral system and the judicial interpretation system,it is suggested in the paper that the action mode of the judicial experience be improved through announcing guiding cases,strengthening the guidance of guiding cases and establishing the guarantee mechanism of guiding cases.展开更多
In an effort to improve the quality and consistency of trials in China′s court system, the Supreme People′s Court made a significant change in the Chinese legal system by creating the Guiding Cases System. Different...In an effort to improve the quality and consistency of trials in China′s court system, the Supreme People′s Court made a significant change in the Chinese legal system by creating the Guiding Cases System. Different from binding precedents in the common law system, China′s GCS requires judges in the people′s courts at all levels to refer to guiding cases when adjudicating similar cases. Although the GCS is expected to improve China′s judicial system, making the GCS a reality is a challenge because the GCS is a relatively new concept to judicial organs in China, and requires a broad understanding of the legal rationale of guiding cases and their interaction with the domestic legal system. As a result, implementing the GCS in China has been challenging. It has been suggested that these challenges be addressed through the defining of the criteria for guiding case selection, by unifying the release method of guiding cases, regulating the application of guiding cases, by clarifying the relevant provisions on 'refer to', 'should refer to' and 'similar cases', and finally by setting up incentive and supervision mechanisms and promoting judicial reform in China.展开更多
文摘Judicial experience refers to the knowledge and expertise of the judicial staff which is accumulated during the complex judicial activities,so it makes up the deficiency of the statute law,standardizes the discretion of the judge,ensures the applicability of the law and improves the judicial efficiency. Due to the shortcomings of the case referral system and the judicial interpretation system,it is suggested in the paper that the action mode of the judicial experience be improved through announcing guiding cases,strengthening the guidance of guiding cases and establishing the guarantee mechanism of guiding cases.
基金Humanities and Social Sciences Youth Foundation of Ministry of Education"Research on Related Issues of Guiding Cases Creation"(21YJC820004)Theory and Application Research Project of the People’s Procuratorate of Hubei Province"Research on Key Issues of Judicial System Reform of Procuratorial Organs"(HJ2023A12)。
文摘In an effort to improve the quality and consistency of trials in China′s court system, the Supreme People′s Court made a significant change in the Chinese legal system by creating the Guiding Cases System. Different from binding precedents in the common law system, China′s GCS requires judges in the people′s courts at all levels to refer to guiding cases when adjudicating similar cases. Although the GCS is expected to improve China′s judicial system, making the GCS a reality is a challenge because the GCS is a relatively new concept to judicial organs in China, and requires a broad understanding of the legal rationale of guiding cases and their interaction with the domestic legal system. As a result, implementing the GCS in China has been challenging. It has been suggested that these challenges be addressed through the defining of the criteria for guiding case selection, by unifying the release method of guiding cases, regulating the application of guiding cases, by clarifying the relevant provisions on 'refer to', 'should refer to' and 'similar cases', and finally by setting up incentive and supervision mechanisms and promoting judicial reform in China.
