民事案例指導(dǎo)制度研究.pdf

1、河北大學(xué)碩士學(xué)位論文民事案例指導(dǎo)制度研究姓名：霍麗娟申請學(xué)位級別：碩士專業(yè)：訴訟法學(xué)指導(dǎo)教師：柯陽友20100601Abstract IIAbstract Supreme People's Court issued the recent reform measures, including norms and improve the case of the guidance system, because the civil c

2、ase in the case to guide the guidance system of accounts for the main components.However, the civil court cases to guide the system requirements and is rarely discussed, making it difficult to civil judicial practice, so

3、 how to regulate, how to make it a civil trial the guidance of the judicial workers is an important topic worthy of study.In this regard, the Beijing Municipal Higher People's Court task force investigation team from

4、 the Law Institute under Chinese Academy of Social Sciences, People's Daily, etc. This research group conducted in-depth research.It can be said that in case of civil trials in the implementation of the guidance syst

5、em is a major reform. “Property Law“ “tort,“ the promulgation of China's civil law is constantly improving, but due to the complexity of the relationship between civil law, changing the judge in the civil trial pract

6、ice, is still facing the civil law does not provide or regulations vague I do not know how to apply the civil laws.At the same time civil trial practice, trial co-differences, co-repeated trials, cases of mechanical tria

7、ls, the civil justice system is not unified or even civil judicial corruption, the phenomenon of denying a person the right to appeal after another. These phenomena seriously undermined the authority of the civil justice

8、 system and the people of the credibility of civil justice. This shows that the field of reason and of China's civil trial is necessary to build a civil case guidance system, However, it is suited to China's exis

9、ting system, the guidance system for civil cases is inseparable from our experience of history, but also inseparable from the extraterritorial experience. Therefore, this case in the system at home and abroad on the basi

10、s of the study was constructed with Chinese characteristics, the guidance system for civil cases I have to build the guidance system of the civil case, by its very nature is to judge the experience and wisdom in one civi

11、l case of standardized and systematized to make it up as a clear-cut civil system, and thus give full play to the civil guiding role of the civil justice cases respect the objective laws of the civil administration of ju