The Case Directing System Research

Proposed a goal about the construction of a fair, efficient and authoritative socialistjudicial system, this is the important aspect to carry out the further and speeding-upconstruction of a socialist country. Among them, the exploration of establishing andperfecting the case guidance system with Chinese characteristic is a significant measure. Dueto the "different terms to" phenomena in our country present in large amounts in the judicialpractice, not only can it seriously damage the authority of law and justice, but also greatlywaste judicial resources, reduce the judicial efficiency. So the primary purpose of introducingguidance system in our country is to unify the referee standard, try the best to maintainindividual judicial justice and reflect the principles of equality according to our constitution.Secondly, the institute is a perfection dominated by statute of the law system in order to makeup for the holes and statutes lag. This institution is neither a creation of law nor an anotherform of judicial explanation, but a conclusion and application of the legal experience of thelaw. The system that cannot be neglect in the process of perfecting our law is indispensable.With the quickening of the process of judicial reform, all of the supreme people’s court,the supreme people’s procuratorate and the ministry of public issued documents on caseguidance. The case guidance regulation issued by the supreme people’s court and the supremepeople’s procuratorate cleared the provisions of the work of the main body, the scope ofchoosing, organization and procedures, and established the guidance of the case withreference to effect. The sequence of issuing the latest regulations marked the case guidancesystem has been established in our country formally, but the perfection of the system itselfstill has a long way to walk through and it will be tested by history and reality as well. On thisbasis, this article, from the ought to study angle on the construction of the guidance system,compared the inner mechanism of the relevant mechanism and external generation, analyzedthe theory of our case guidance system, studied our current and published rules about caseguidance system, illustrated the necessity and feasibility of establishing case guidance system,adhered to the constitutional concept to deep in our country’s guidance system of mappingcase public power allocation and maintaining basic civil rights. This paper also will discusssome issues on the guidance system in our country to the natural level, including theconnotation, location, study value, status and difficulties in our country’s judicial operationsand the perfection of our case guidance system.