引言最高人民法院以公报的形式公布指导性案例已有二十余年,学界关于建立中国案例指导制度甚或判例制度的建议和呼声始终不绝于耳。然而,指导性案例是否真的如其设计者和倡导者们所设想的那样对其众多用户带来了预期的效应?如果在设想与结果之间产生了不尽如人意的差异与冲突,其症结何在?如 Introduction The Supreme People’s Court has published more than two decades of guiding cases in the form of bulletins. The suggestions and voices of academics on establishing China’s case guidance system or precedent system have been unceasingly heard. However, does the Guiding Case really have the expected effect on many of its users as envisioned by its designers and advocates? The crux of the problem is that if there has been an unsatisfactory difference and conflict between the vision and the outcome Where is?