While acknowledging the advantages of China’s unique model of abstract criminal law interpretation, there must exist its model defect, which requires the timely inclusion of criminal guiding cases. However,whether gu...While acknowledging the advantages of China’s unique model of abstract criminal law interpretation, there must exist its model defect, which requires the timely inclusion of criminal guiding cases. However,whether guiding cases can play a role in judicial practice and to what extent, and how to fit with the unique abstract criminal law interpretation model in China, it is necessary to make an in-depth analysis of the institutional attributes. Criminal guiding cases have the attributes of precedent and interpretation, and can consolidate the function of criminal law interpretation through the function of individual case interpretation. The reasonable expansion of the number of criminal guiding cases is the basic guarantee to give full play to the case interpretation function;the function separation of the criminal guiding case and criminal law interpretation is the system guarantee to maintain the independence of judicial application;the response of criminal guiding case to criminal policy is the concept guarantee to reflect its judicial justice;criminal guiding cases in China can be fully incorporated into the existing system of criminal law interpretation, as the expansion and supplement of the function of criminal law interpretation, so as to play the function of criminal law interpretation safely and effectively.展开更多
文摘While acknowledging the advantages of China’s unique model of abstract criminal law interpretation, there must exist its model defect, which requires the timely inclusion of criminal guiding cases. However,whether guiding cases can play a role in judicial practice and to what extent, and how to fit with the unique abstract criminal law interpretation model in China, it is necessary to make an in-depth analysis of the institutional attributes. Criminal guiding cases have the attributes of precedent and interpretation, and can consolidate the function of criminal law interpretation through the function of individual case interpretation. The reasonable expansion of the number of criminal guiding cases is the basic guarantee to give full play to the case interpretation function;the function separation of the criminal guiding case and criminal law interpretation is the system guarantee to maintain the independence of judicial application;the response of criminal guiding case to criminal policy is the concept guarantee to reflect its judicial justice;criminal guiding cases in China can be fully incorporated into the existing system of criminal law interpretation, as the expansion and supplement of the function of criminal law interpretation, so as to play the function of criminal law interpretation safely and effectively.
