Analysis Of Case Guidance System

Case guidance system is also accompanied by the criminal law is not unified phenomenon has been of concern to the legal profession,"co same sentence" is its most popular expression. The case rose to clear way system, play a guiding role for the unification of criminal law apply. Determine the guiding case is particularly important in the current framework there is a system of categories and the existing judicial system.In dealing with the transportation of18grams of heroin during a protest case, the Court of First Instance to the defendant taking drugs on the grounds for the Supreme People’s Court in the course of the spirit of the meeting of senior judges, identified drug addicts transport18grams of heroin should taking their own category, the crime of illegal possession of drugs were convicted and punished, and the spirit of the minutes of the meeting related to a certain degree of similarity is to break even in some respects, in some areas it accordingly held "President, Attorney General, police chief,"three long joint meeting when the corresponding provisions. In the same area, another grass court judgment together with cases is the same case applies to the terms of the transport of drugs. The same case, but in the same area there are such differences and different judgments disparity awareness, after all, or to return to the origin applicable law and criminal law issues come up, how to regulate the application of the criminal judicial interpretation, and how to make it systematic, standardized is the pendulum in the current problem. Research also think this issue through their own drug cases handled by talking about how to make our criminal judicial interpretation applies to more standardized, another approach should draw on relevant case law, to further improve and standardize the system of criminal legislation and norms of criminal trial, to avoid understanding the differences in trial practice, the sentencing differences situation. I believe that the effect of guiding case located in the judicial interpretation, and interpretation of the existing criminal justice division, distinction, for the implementation of case guidance system is very beneficial. In addition, although the case guidance system has significant progress, but as a possible profound impact on criminal law norms applicable system, in particular the initial system is still running, still need case selection criteria, create the main case, the case reported and review, open to be clear, detailed regulation with regard abolished, open format. Case guidance system to attach importance to enhance the ability of an open process of judicial autonomy and judicial fundamentally, our judicial process toward the goal of promoting social justice continues to close.