By February, 2016, the Supreme People's Court has successively issued a total of 56 guiding cases in 11 batches, 35 of which are civil and commercial guiding cases. To get a deep insight into the release and application of such guiding cases, this Report tries, from the perspective of judgment documents, to conduct an in-depth discussion and analysis by taking the data from Pkulaw's Judicial Cases Database as study object.
The most outstanding feature and highlight of this Report is its tentative research on the practical application of the Guiding Case No. 24—Rong Baoying v. Wang Yang and Jiangyin Branch of Alltrust Property Insurance Company Ltd. (dispute over the liability of the motor vehicle accident). Moreover, it enjoys the following features: 1. Application analysis, conducting the research and statistical work from the perspectives of overall application, individual case application and the distribution of causes of action respectively; 2. Contrastive analysis on application cases and guiding cases, focusing on the analysis from the perspective of regional distribution; 3. Application expression, summarizing six factors relating to the expression and the primary mode in more detail; and 4. Application results, mainly introducing the final reference and reference standard as to the judges' active and passive invoking.
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