The Court Case Guidance System Research

Case guidance system is a judicial system with Chinese characteristics, is promoting theprocess of judicial reform in our country, the important measures to safeguard judicial justice,the purpose of the objective is to realize the judicial justice. Case guidance system established,the existing judicial interpretation and court system supplement each other, mutualinterpretation function into full play. The core of the case guidance system is to clear theeffectiveness of the instructional cases, improve the judge for guiding case technology,improve the implementation of case guidance system safeguards. Court case guidance systemin China is different from the western case law system, and also has the essential differencebetween the civil law precedent system. China has a long history of judicial tradition, cases inwhich play an important role, but along with the social change, the role of graduallyweakened, but to die. Today, China’s court case guidance system is a judicial mechanisminnovation, helps solve the problems in connection with different sentenced to social hotissues, improve the quality of justice. Countermeasures to improve the court case guidancesystem mainly from the improvement of the operating practice.Court case guidance system is enacted law is given priority to, to guide case auxiliaryoperation pattern, on the premise of not affect enacted law, beneficial to the precedent systemin common law for reference and guiding cases may be defined as an informal source of lawin the judge’s judicial referee applicable law. Leading case method and complement each other,an integral whole. Lawmakers focus is on the global, widespread attention to social problems.So it pay more attention to the universal applicability of the law, as the judge’s judicialstarting point is a specific case situation, therefore the starting point of the judge is theapplication of the specific case of flexibility. The ultimate goal of judges and legislators haveconsistency, the lag of law is any lawmakers are inevitable, legislative loopholes is needless tosay, but it is difficult to adapt to a rapidly changing social change, in order to limit thediscretion of the judge, the realization of judicial fairness and justice, just can make up for thelegislative guiding cases. The full text is divided into five parts, the main contents are as follows:The first part is the introduction, since China’s reform and opening up, the supremepeople’s court in order to adapt to the development of the society, have issued a series ofcommon cases, but these cases do not have the guidance, the judge in the judicial process isonly reference. And introduced the Supreme Court case guidance system, make guidance casehas the guidance function, execution, shall be referred to court case guidance system in China,this part analyses the case guidance system in the selected topic background, purpose andmeaning. Case system and research status at home and abroad, at the same time, brieflysummarized in this paper, the innovation points, etc.The second part is the basic theory of the court case guidance system, mainly to clarifythe case guidance system and the instructional cases and other related concepts, the basicconcept of case guidance system, the connotation of guiding cases, the basic content ofinstructional cases.The third part is for field inside and outside our country court case guidance system forreference and absorption, the related system through the system of precedent of case law,comparative study of the civil law precedent system, as well as the analysis of the traditionaljurisprudence in our country, to reflect on the court case guidance system in our countryshould be paid attention to in the process of perfecting the focus of the problem.The fourth part is the court case guidance system the main problems existing in theprocess of practice and face the challenge, the main and the effectiveness of the instructionalcases than clear, guiding case applicable technology is not perfect and guarantee the relatedlegal system lack of case guidance system, these problems seriously affect the court caseguidance system and healthy development.The fifth part is the countermeasures of perfecting court case guidance system, in viewof the above problems, the problem of the guidance for the court case targeted improvementof the effectiveness of the clear guide the court case, the judge in the judgment withdocumentaries, enhance the rate of application of guiding cases improve the judge for guidingcase technology, improve the case guidance system of security measures. Court case guidance system as a new judicial application system,inevitably involve the relationship with the existing judicial system, how to coordinate itsrelations with other judicial system, is that the court case guidance system should not avoidkey issues.