陕甘宁边区判例汇编考略

判例汇编,是指将审判实践中形成的典型案例进行系统地整理和编纂,用以规范和指导司法审判的活动。陕甘宁边区时期,边区政府与边区高等法院针对边区实际,将司法机关在审判实践中形成的典型判例进行汇编。判例汇编的倡导者是边区政府,而具体实施者是边区高等法院。边区制定法不完善、司法队伍建设不能满足司法审判需要、人民群众文化素质低、观念落后等社会原因促使了边区判例汇编的形成。边区判例汇编具有分类汇编与共性概括汇编相结合、正反判例相结合等特点。边区判例汇编作为典型案例的集合,具有总结边区司法审判经验、提升边区司法审判人员素质、补充边区制定法不足、减少诉讼及化解社会矛盾等重要历史价值。边区判例汇编虽然有形成仓促、汇编形式略显粗糙等缺点,但这种方式却有力地促进了边区的法制建设。

Case Reports of Shaan Gan Ning Border Region in the 1930s and 1940s

Cases reports refers to the systematic sorting out and compilation of typical cases accumulated in trial practice for the purpose of standardizing and providing guidance to trial activity. Between 1935 and 1949, the Government and the High Court of Shaan-Gan-Ning Border Region, in light of the actual situation in the region, compiled the typical cases developed in trial practice by judicial organs of the region. The compilation was advocated by the Government of the Region and carried out by the High Court of the Region. The main reasons for the compilation of the case reports included the imperfection of the statutory law, the inability of the judicial personnel to satisfy the need of judicial practice, and the low cultural quality and backwardness of ideas of the people in the Region. The compilation work was characterized by the combination of classification with generalization, and the combination of positive cases with negative cases. The Case reports, as collections of typical cases, has many important historical values, such as summarizing the adjudicative experience, making up for the insufficiency in the legislation, reducing litigation and resolving social conflicts in the Boarder Region. Although the Case reports has the shortcomings of hastiness in the compilation work and coarseness in its form, it did powerfully promote the legal construction in the Boarder Region.