论文部分内容阅读
赋予指导性案例“应当参照”的效力,必然要求法官在处理类似案件时,庭审中应当尊重律师和当事人对指导性案例的举证,裁判理由中应当遵循指导性案例的论述和说理。案例指导制度也从而成为保证法律统一适用的有效途径
Given the validity of the guiding case “should be referred to,” inevitably requires the judge to deal with similar cases. During the court hearing, the lawyer and the client should respect the proof of the guiding case. The reasons for the adjudication should follow the discussion and reasoning of the guiding case. The case guidance system has thus become an effective way to guarantee the uniform application of the law