법령 적용의 통일성 확보를 위한 중국 최고인민법원의 노력 ―사법해석과 지도성안례의 비교검토를 중심으로―

This paper introduced the main contents of the judicial interpretation and guiding case of the Supreme People's Court of China, China's unique judicial system, as a way to secure unity in the application of laws and regulations, and compared the two systems. First, in relation to judicial interpretation, Section Ⅲ presented the concept, effect, and legal basis for judicial interpretation, and presented five forms of judicial interpretation as examples. Subsequently, the enactment process of judicial interpretation was analyzed step by step, and criticism of judicial interpretation, which is summarized as criticism of judicial legislativeization, was dealt with. Unlike Korea's judicial interpretation, which is presented as a result of a trial in specific cases, China's judicial interpretation is generally presented in the form of provisions without necessarily presupposing individual specific issues, which are unique to China and can be seen as similar to supplementary legislation for general abstract laws. The reason why China's judicial interpretation is similar to legislation is that it gives legal effect to judicial interpretation in China. Therefore, unlike Korea, judicial interpretation is a major source of law along with laws in China. Next, in Section Ⅳ, the concept, effect, and legal basis of the guiding case were presented, and the citation method was analyzed in detail. Subsequently, the procedure for selecting the guiding case was analyzed step by step, and criticism of the guiding case was dealt with. The guiding case is also a unique judicial system in China that does not exist in Korea, and unlike Korea, where there is no superiority or inferiority between rulings, I looked at the characteristics of the guiding case that exerts leadership over other rulings. The guiding case is selected by the Supreme People's Court as an example of guiding other rulings among the rulings, and can be said to be a concept close to the leading case of British-American law. Finally, Section Ⅴ compared and reviewed the commonalities and differences between judicial interpretation and guiding case, and predicted the direction of development of both systems.