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为有效发挥判例作用,成文法国家判例一般需要专门“著成”始能获得权威性的意义。中国法院指导性案例以对制定法的解释适用为指向,性质可定位为最高人民法院以案例解释法律的形式,基于形式正义的“同案同判”构成了指导性案例具有事实约束力的作用原理。指导性案例应以切合法律适用为旨归,在基本案情、作为陈述的案件事实、裁判要点、相关法条、裁判结果与裁判理由等方面实现合理的內容著述与编排。
In order to effectively exert the role of jurisprudence, the case law of a written law country generally needs to have a special meaning of authoritativeness. The guidance cases of Chinese courts are directed by the application of the interpretation of statutory law, the nature of which can be defined as the Supreme People’s Court interpreting the law in the form of a case, and the co-verb-based judgment of formal justice constituting the guiding case with the fact binding The role of principle. Guiding cases should be subject to the application of law as the goal, in the basic case, the facts of the case as a statement, the main points of the referee, the relevant laws, the results of the referee and the reasons for the referee to achieve reasonable content writing and orchestration.