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《Science of Law(Journal of Northwest University of Political Science and Law)》 2018-04
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What Kind of Guiding Cases Are Needed in Judicial Practice?——Based on analyze of guiding case No.24

Sun Guangning;  
The confirmation of guiding case in judicial practice is shown in the citation of written judgment,where guiding case No. 24 is cited most. In spite of internal defects,this guiding case can meet the need in judicial practice.There are many reasons why guiding case No. 24 is very popular: the question refereed is very common; the judgment point is very clear; the judges have expanded the judgment point; other parts in lawsuit have motivated the use of the guiding case. However,we should be aware of latent trouble and take some corresponding measures: to avoid controversial rules in guiding cases; to add some abstract of case information in judgment point; to prevent judges from excessive expanding the guiding case; to encourage the judges to use more guiding case in judicial process. Citation is not the only evaluation of guidingcases,the SPC should supply more innovative rule in guiding case,which can lead the judicial practice,not just follow.
【Fund】: “2011计划”司法文明协同创新中心研究成果;; 国家社会科学基金青年项目(15CFX006)“指导性案例在统一法律适用中的运用方法研究”
【CateGory Index】: D926.2
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