| Abstract: | As far as the first issue is concerned, I think while talking about the system of case guidance, we should ascertain what is the system of case guidance, namely what is the concept of the system of case guidance. As cases or legal precedents are very much mentioned, then, what a system is the system of case guidance mentioned in our ＂second five-year reform program＂？ As far as what I can personally understand, the definition of cases or legal precedents by the ＂second five-year reform program＂ refers to judgments given by People＇s Courts that are recognized by the Supreme People＇ s Court, that have been published inthe Supreme People＇s Court Gazette, that are of a reference value to the adjudication of similar cases, and that have taken legal effect. The concept I have just mentioned is in exclusion of the cases promulgated by local People＇ s Courts at all levels, the relevant cases promulgated by the Supreme People＇s Court, and, as what we are mentioning here, the cases referred to by China National Judges College as well as some publications, such as the People＇s Justice, and also legal research groups. These cases do not belong to the legal precedents defined by the ＂second fiveyear reform program＂. |
