Sun Ruixi Talks about the Functions and Types of Guiding CasesSun Ruixi Talks about the Functions and Types of Guiding Cases

Publish Time:2021-11-01 Author: Views:56

     On the afternoon of October 25th, the lecture on “Training Outstanding Legal Talents” of the School of Humanities and Law was successfully held in Moot Court 142. Attorney Sun Ruixi, the vice president of Shandong Lawyers Association, an adjunct professor of our school, and director of Shandong Dayang Law Firm, was invited to give a talk on “Functions and Types of Guiding Cases . The lecture was hosted by Associate Professor Leng Ling, Associate Dean of the school. Associate Professor Sun Zengqin, Associate Professor Tian Guoxing and Teacher Dai Chengjun, Dean of the Department of Law, and more than 100 undergraduates and graduate students from the Department of Law attended the lecture.

      At the beginning of the lecture, Lawyer Sun analyzed the application of precedents in the practice of civil law and common law countries from three dimensions the horizontal level of comparative law, the vertical level of historical experiences, and the current social background. He went through the development of justice, from “cases as the basis for judgment” to “publishing typical cases in the bulletin as a supplement to the statutory law”, and then to today’s “guiding cases”. He pointed out the existence of gaps between concrete and pluralistic social life and abstract laws, and demonstrates the necessity of guiding cases in many aspects. Lawyer Sun concluded: The emergence of the guiding case is not accidental. It is based on the successful experience of comparative law, taking into account the results of historical events guided by judicial cases in New China, and the needs of China's current social, economic and technological development.

     The function in adjudication is to provide adjudication rules for complex or new types of cases. Lawyer Sun believes that the function of guiding cases is to provide adjudication rules for judicial adjudication, pointing out that its core is the essence of the adjudication. Regarding the types of guiding cases, Attorney Sun proposed that guiding cases could be divided into interpretation type, legal loophole filling type and extra-legal loophole filling type. The legal loophole filling type can be divided into open type and hidden type. In order to better clarify the connotation of the three types, Lawyer Sun explained in conjunction with the Supreme People's Court No. 24, No. 15, No. 67 and No. 53 Guiding Cases.

      At the end of the lecture, the teachers and students of the Law Department asked Lawyer Sun about specific cases in our country’s practice, the application of guiding cases, and career planning. Lawyer Sun conducted an in-depth analysis and gave detailed answers, talking about his own career path, to provide guidance to the teachers and students there. Associate Professor Leng Ling, deputy dean of the school, summarized this excellent lecture and expressed sincere gratitude to Lawyer Sun Ruixi on behalf of all teachers and students.