Study In Case Judicial Explanation Of Guidance

Today, although the country's legal system has been basically perfect, but with the emergence of new situations and new problems in comparison, China still lags behind the legislation, plus there are gaps between articles, fuzzy, contradictory circumstances in which the judge applicable law, often because of the lack of a uniform standard may be different from similar cases, the decision to produce so-called "co-different judgments" phenomenon, a variety of judgments made in each case consumes a large amount of social resources, but also offset the the social benefits they get, will not fit in the community feel, making the unity of the legal system, legal authority and impartiality of the disappeared.In China, many cases are often only produce a sensational effect the moment, but ignored the judicial practice of the entire country makes sense. In order to guarantee the right to dispute the new and timely demonstration effect on society, "People's second Five-Year Reform Outline" formally proposed the establishment and improvement of the guidance system in China's case. At present, China's case there are many deficiencies in the guidance: If the case around the lack of understanding of the importance of guidance, case studies to guide the positioning is not clear, the Supreme Court case of guidance published by the lack of legally binding, resulting in published guidance throughout the case of both good and bad, and the law different interpretation, causing people to question the course of justice. In order to address these issues now, while the existing legislative framework can be run under the framework proposed in this paper to guide judicial interpretation of cases of this category. Case through the guiding judicial interpretation of the system can solve the above-mentioned problems in, through this vision, "co-different sentence" phenomenon can be resolved in order to achieve uniform application of laws.