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本文指出案例指导制度在中国的构建和运作,面临诸多困境,需要从发布的主体和程序,案例的确定和公开,与司法解释的对接等方面进行完善。
This paper points out that the case guidance system in China is facing many difficulties and difficulties in its construction and operation. It needs to be improved from the main body and procedures of publication, the determination and disclosure of cases, and the connection with judicial interpretation.