The Study Of The Case Guidance System

China as a statute law countries, because of the lagging of the law itself, incompleteness, and many other reasons, resulting in a different courts or judges on the same or similar cases made a different decision, namely "codefendant different sentence" phenomenon, this phenomenon not only burns the passion of the rule of law in public, also affected the community of law of trust and trust. So to unify law application, to improve the quality of the trial, maintenance of justice, the Supreme People’s Court released in 2005, the people’s Court of the second five-year Reform Program(2004-2008) "first explicitly pointed out:" the establishment and improvement of case guidance system "and in 2010 November 26 th, promulgated the" Regulations of the Supreme People’s Court about the case guidance ", the case guidance system to the institutionalization and standardization. The provisions of the guidance of the case in the case of reference and guidance and other related content. Case guidance system construction can effectively prevent the codefendant different sentence " phenomenon, regulate the judge’s discretion and compensate the written law to realize the law of justice, can contribute to between the parties reconciliation and reduce the workload of the judge to achieve the efficiency value of law, but also improve the legal consciousness of the masses, shaping the credibility of justice and improve judicial independence to form good justice and social order. Under the background of judicial reform in China, although more and more attention to the value of guiding cases in the judicial process, but due to the case guidance system is still in the primary stage, binding force of guiding cases, selection criteria, the provisions of the retrieval system and the relevant supporting measures of unknown or not specified, barriers to the case guidance system and effective operation. Therefore, needs to give guiding case to de facto binding force and clear guidance of case selection criteria, the establishment of appropriate education, training, rewards and punishment system to change the judge’s legal thinking, improve the guidance case retrieval system, set up supervision mechanism to ensure the operation of case guidance system can be effectively.