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案例指导制度是对我国成文法的必要补充,有助于实现司法统一,司法公正。我国目前已经具备了建立案例指导制度的基本条件,应尽快构建相关制度和机制,抓紧实现推行。从目前各地人民法院实行案例指导的实践看,存在着一些亟待解决的问题,最高人民法院应尽快修改完善《关于加强和完善案例指导工作的若干意见》,正式确立具有中国特色的案例指导制度。
The case guidance system is a necessary complement to our statute law and helps to achieve judicial unity and justice. At present, China has already possessed the basic conditions for establishing a case guidance system, and should establish relevant systems and mechanisms as soon as possible and pay close attention to its implementation. Judging from the practice of the case guidance practiced by people’s courts around China, there are some problems to be solved urgently. The Supreme People’s Court should revise and improve “Several Opinions on Strengthening and Improving Case Guidance Work” as soon as possible, and formally establish a case guidance system with Chinese characteristics.