The Improvement Of The Theory Of Case Guidance System

Judicial justice is the inevitable requirement of society ruled by law, and the same casealso is the most essential, the most simple requirements of justice, but "different connectionwith the sentence" is common phenomenon in the judicial practice, and the rise of the caseguidance system in China is originated in connection with the sentence of the requirements ofjudicial justice. Case is the vivid practice of justice, the people it is bearing the weight of theexperience and wisdom, a judge is made up for the inadequacy of legal norms, also greatlyimprove the efficiency of the justice, has been paid attention to by the statute law countries.The Supreme Court in1999by the outline of the reform of the people’s court for fiveyears and in2005by the people’s court for a second five-year reform program "finallyestablished in the case guidance system, guiding a specific case to create and apply, anysystem will be a new faces a severe test, in the social practice case system is no exception.Existing problems in the legal science to the case guidance system carries on the discussionand research, in order to case guidance system constantly improve and application in judicialpractice, play its biggest effect of justice. In this paper, it is in the background to theimprovement of the case guidance system is studied.This article consists of four parts, the first part expounds characteristic of case guidancesystem in China. Described in our country from the late dynasty in the sense of modernjudicial precedent to case to guide the practice after the reform and open policy, show the caseto guide the development and practice of different times. Then clear the characteristics of thecase guidance system in China today, and roughly with those of the western jurisprudencesystem difference, incarnate the characteristics of case guidance system in China. The secondpart is the reference for western jurisprudence system. Especially in case law as the main legalorigin of British and American countries, follow precedent and distinctive differencetechnology, typical in the German precedent system in continental law system, in westernjurisprudence system to our country the significance of case guidance system. The third part ispointed out that the case guidance system respectively in the making process and theproblems existing in the practice process, show case guidance system in China is not only inthe system design and needs to be a breakthrough in ideology. The fourth part is the improving Suggestions to the case guidance system in China, mainly including effectiveness,publishing subject, compiling program and related in detail elaborated the perfection of legalsystem.