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《Law and Modernization》 2017-05
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Effectiveness and Systematization of Chinese Guiding Cases

Liu Keyi;  
The continuously enhanced effectiveness of guiding cases is an important approach to developing and perfecting the guiding case system in China. The effectiveness of guiding cases is clearly defined by the relevant normative documents so that they are more legally binding and have characteristics of universality, homogeneity and mono-layer in form. However, problems still exist: for example, some relevant provisions affect the production and supply of guiding cases, impede the improvement of the quality of the cases, and weaken the substantive effect and value of the cases. All this makes it difficult for the guiding cases to play their expected function. To address the weaknesses and make the best use of the guiding cases, we have to systemize and build a hierarchical structure of the guiding cases according to their guiding effect. That is, we have to incorporate and absorb customary law, establishing a well-structured system of guiding cases with different levels of effectiveness on the one hand; on the other, we have to develop due understanding of the relationship between the guiding cases and other cases issued by the Supreme People's Court which also have guiding effect.
【CateGory Index】: D926.2
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