这是本刊杂志社从本期开始推出的又一个新栏目——“《公报》案例分析”。既然是《公报》案例分析,其文章内容不言自明,是针对《最高人民法院公报》所发布的案例从事实认定、法律适用和司法价值取向等方面进行的深入挖掘。之所以开设这个栏目,原因有二:一是长期以来,《公报》所发布的案例以其类型新颖、论理透彻、逻辑严谨、通欲易懂的特点深受读者喜爱,更因其权威性成为法官和所有法律工作者研究、学习、参照的工具,在指导审判实践、宣传法院工作方面发挥了重要作用。但是,《公报》作为最高人民法院的官方文件汇编,对所发布的案例不适宜作进一步的论述、评析。这在一定程度上影响了《公报》案例指导作用的发挥。二是《人民司法》作为最高人民法院机关刊,其专业性、指导性的办刊宗旨和办刊风格适合刊载专业性、学术性较强的案例评析文章。对《公报》所发布的案例在《人民司法》上进行深度评析,对于增强《人民司法》的指导性、权威性,扩大《人民司法》的社会影响和发行优势,应该说是都有很大益处的。因此,本刊杂志社和《最高人民法院公报》编辑部可谓一拍即合,从本期开始推出“《公报》案例分析”栏目。该栏目所用案例均由《公报》编辑部从《公报》已发布的案例中挑选,相关评析文章主要由《公报》编辑部负责撰写,但鉴于其具有一定的研究性,故以个人名义发表。亦希望我们的这一努力能对中国案例指导制度的建立和完善有所助益。 This is the magazine magazine from the current launch of another new column - “” Bulletin “case study ”. Since it is a case study of the “Gazette,” its articles are self-explanatory and are aimed at digging deeper into the cases promulgated by the Supreme People’s Court Bulletin from the facts of fact determination, the application of law and the orientation of judicial values. There are two reasons why this section was opened: First, the cases published by the Communique have long been loved by readers for its novelty, rationality, logical rigor and easy-to-understand characteristics, and even more because of its authoritativeness. The tools studied, learned and referenced by judges and all legal workers play an important role in guiding trial practice and publicizing the work of the court. However, as a compilation of the official documents of the Supreme People’s Court, the “communique” is not suitable for further discussion and comment on the published cases. To a certain extent, this has affected the exertion of the guiding role of the “Gazette” case. Second, People’s Court of Justice, as the organ of the Supreme People’s Court, has the professional and guiding principles of running a journal and the mode of running a journal, and is suitable for publishing professional and highly-academic case analysis articles. An in-depth analysis of the cases promulgated in the “Gazette” on “people’s judiciary” is of great significance for enhancing the guiding and authoritative “people’s justice” and for expanding the social influence and issuance advantages of “people’s justice.” Benefit. Therefore, the magazine and the “Supreme People’s Court Bulletin” editorial can be described as a hit, starting from this issue “” Bulletin “case analysis ” section. The cases used in this section were selected by the editorial office of the “Gazette” from the published cases of the “Communique.” The relevant articles were mainly written by the editorial department of the “Gazette.” However, given the certainty of their research, they were published in their personal names. It is my hope that this effort of ours will be helpful to the establishment and improvement of China’s case guidance system.