중국 사법해석과 지도성사례의 관계 검토

Abstract

‘The judicial reform in China must strengthen the role of the court in the unification of the applicable standards of law, The Judicial Interpretation System and The Case Guidance System are the basic yardsticks for maintaining the uniform application of the law. The judicial interpretation system and The case guidance system, as two judicial systems with distinct Chinese characteristics, are an effective supplement to China's statutory law. It is also an important part of China's legal interpretation system. It has an important value that can not be ignored in ensuring the unified application of the law and promoting the development of the legal system. Among them, The judicial interpretation is to further refine or extend the general or principled legal norms. However, The case guidance system further completes the organic combination of the facts and the norms in the more microscopic concrete cases; at the same time, it applies the concept directly to specific cases. In practice, although The judicial interpretation system and The case guidance system have their own characteristics, there is still a clear progressive relationship. The case guidance system is an important supplement to the inherent defects of judicial interpretation system. But through its own optimization, it can promote the effect of judicial interpretation and greatly promote the perfection of Chinese legal interpretation system. Under the framework of the current legal system, by realizing the perfect agreement between The judicial interpretation system and The case guidance system in theory and practice, we can jointly promote the realization of the goal of judicial unification in China at an early date.