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@article{ART002401091},
author={WU JIANPING and ZHANG XIAO},
title={A Study on Judicial Application of Guiding Cases in Mainland China - On the Basis of 118 Civil and Commercial Cases in 2017},
journal={Journal of International Business Transactions Law},
issn={2982-5903},
year={2018},
number={23},
pages={147-170},
doi={10.31839/ibt.2018.12.23.147}

TY - JOUR
AU - WU JIANPING
AU - ZHANG XIAO
TI - A Study on Judicial Application of Guiding Cases in Mainland China - On the Basis of 118 Civil and Commercial Cases in 2017
JO - Journal of International Business Transactions Law
PY - 2018
VL - null
IS - 23
PB - The Institute for Legal Studies Dong-A University
SP - 147
EP - 170
SN - 2982-5903
AB - In 2010, the case guidance system was formally established in Chin a，which is a great-leap-forward development of the orientation and application of previous cases in our judicial practice. After the establishment of the system, the Supreme People's Court (hereinafter referred to as SPC) made it clear that judges should refer to or apply the guiding cases when deciding similar cases. This clarifies that the guiding cases is actually binding. By December 31, 2017, SPC has issued a total of 92 guiding cases. These cases have not only been published in batches, but also been uploaded to official website by SPC. The case guidance system meets the need of judicial practice in our country and also complies with the trend of the gradual merge of the two major legal systems. In this paper, 118 civil and commercial cases involving in guiding cases in 2017 are selected as the object of analysis, and the judicial practice of guiding cases is studied from both macro and micro perspectives. The macro perspective mainly concentrates on the application of guiding cases in Local People's Court at all levels across the country. The micro perspective focuses on the study of specific judgment documents. From real and concrete data, we can find out the characteristics of the judgment documents, and analyze the problems in the operation of the case guidance system, and put forward feasible suggestions to improve the system.
KW - Case Guidance System;Guiding Cases;Judicial Application;Empirical Analysis;Problem Analysis;Improvement
DO - 10.31839/ibt.2018.12.23.147
ER -

WU JIANPING and ZHANG XIAO. (2018). A Study on Judicial Application of Guiding Cases in Mainland China - On the Basis of 118 Civil and Commercial Cases in 2017. Journal of International Business Transactions Law, 23, 147-170.

WU JIANPING and ZHANG XIAO. 2018, "A Study on Judicial Application of Guiding Cases in Mainland China - On the Basis of 118 Civil and Commercial Cases in 2017", Journal of International Business Transactions Law, no.23, pp.147-170. Available from: doi:10.31839/ibt.2018.12.23.147

WU JIANPING, ZHANG XIAO "A Study on Judicial Application of Guiding Cases in Mainland China - On the Basis of 118 Civil and Commercial Cases in 2017" Journal of International Business Transactions Law 23 pp.147-170 (2018) : 147.

WU JIANPING, ZHANG XIAO. A Study on Judicial Application of Guiding Cases in Mainland China - On the Basis of 118 Civil and Commercial Cases in 2017. 2018; 23 : 147-170. Available from: doi:10.31839/ibt.2018.12.23.147

WU JIANPING and ZHANG XIAO. "A Study on Judicial Application of Guiding Cases in Mainland China - On the Basis of 118 Civil and Commercial Cases in 2017" Journal of International Business Transactions Law no.23(2018) : 147-170.doi: 10.31839/ibt.2018.12.23.147

WU JIANPING; ZHANG XIAO. A Study on Judicial Application of Guiding Cases in Mainland China - On the Basis of 118 Civil and Commercial Cases in 2017. Journal of International Business Transactions Law, 23, 147-170. doi: 10.31839/ibt.2018.12.23.147

WU JIANPING; ZHANG XIAO. A Study on Judicial Application of Guiding Cases in Mainland China - On the Basis of 118 Civil and Commercial Cases in 2017. Journal of International Business Transactions Law. 2018; 23 147-170. doi: 10.31839/ibt.2018.12.23.147

WU JIANPING, ZHANG XIAO. A Study on Judicial Application of Guiding Cases in Mainland China - On the Basis of 118 Civil and Commercial Cases in 2017. 2018; 23 : 147-170. Available from: doi:10.31839/ibt.2018.12.23.147

WU JIANPING and ZHANG XIAO. "A Study on Judicial Application of Guiding Cases in Mainland China - On the Basis of 118 Civil and Commercial Cases in 2017" Journal of International Business Transactions Law no.23(2018) : 147-170.doi: 10.31839/ibt.2018.12.23.147