知識產權案例指導制度實踐樣本－－北京知識產權法院庭審實質化訴訟改革

The Fundamental Problems Concerning Establishment of the Rule In Accordance With the Precedent Intellectual Property Cases: The Positivity Research Focusing on Judicial Reformation of the Beijing Intellectual Property Court

最高人民法院在北京知識產權法院設立基地，建立中國特色的知識產權案例指導制度（或稱判例制），已經取得較高的學術共識。該制度的建立，需要解決外部社會條件或體制條件，以及司法先例制度本身建設兩大基礎性問題。北京知識產權法院在審判權運行機制改革基礎上，推行以“訴、審、判一致性”為核心的訴訟制度改革，解決了以法官獨立審判為核心的司法體制條件問題和判例制度自身建設的審判程序問題，探索了一條以形式正義約束和保障實質正義、矯正司法恣意的中國判例之路。

The Chinese Supreme People Court has established the researching basement in the Beijing Intellectual Property Court, and constructed the instructive intellectual cases rule (the rules in accordance with the precedent case). The academic circles have reached a consensus that the reformation has obtained achievement. The establishment of the rule is required to promoting two critical factor, one is to improve outer social condition and resolve the inner problems deriving from judicial system, another is to complete construction of the judicial rule in accordance with the precedent cases itself. The Beijing Intellectual Property Court resolves the inner conditional problems deriving for judicial authority, basing on the principal that the judge is the key role in the process of the trial, by the way of inner reformation of running of the trial power. The inner reformation founded the rule of keeping the consistence in the whole process of the trial activities, including the process of cases' acceptance, hearing course and final legal decision, developing a new path to resolve procedural problem in trial of the rule in accordance with the precedent cases.