Social Sciences in China (Chinese Edition)

No.4, 2017

 

Composition of the Contents of Guiding Cases

(Abstract)

 

Zhu Mang

 

The contents of guiding cases are composed on the basis of actual Supreme Court cases (the “master copy” of the written judgment). Variations in their logical framework will have varying normative effects on similar decisions. The process of compiling the guiding cases involves two different types of judicial decision: dispute settlement and policy formulation. If the guiding cases provide an explanation with legislative intent in inferring statutory norms, then, apart from establishing self-evident conclusions, the more important point is the consideration given to the intellectual approach and logical framework used to infer legislative intent or purpose. We propose that compilation of guiding cases should automatically be constrained by the main logical structure of factual content and reasons for judgement, to reinforce the rules of argumentation in the “master copy” of the written judgment.