A research review on applications of judicial cases in china

Abstract

Qi Yaping

In the practice of litigation, a phenomenon began to appear in the last decade: both parties began to cite a large number of published cases, and judges and prosecutors should consider the complementary role of these cases to the statute law when handling cases. "The same case and the same sentence" and "utilitarian purpose" were the most obvious promotion reasons. Scholars generally believe that the guiding precedent system is only a summary of judicial experience, and it is a temporary measure in judicial reform that helps to enhance judicial credibility. Professor Gu Peidong's interpretation is quite different,and interpreted this phenomenon as a sprout of precedent system with Chinese characteristics. He comprehensively summarized the impact of case citation on judicial practice through the research on the current situation and reasons of spontaneous use of cases, the actual utility of case use, and the functional positioning of cases with different attributes, and prospected the future prospect of China's case system. There may be different ways to interpret the same phenomenon, but Professor Gu Peidong's research really deserves more consideration.

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