The Case Guidance System In China

Our country began to introduce Case Guidance System gradually since 2005, and“About the Regulation of Case Guidance System Work” issued by the Supreme People’s Court on November 26 th 2010, the introduction of the rules marks the Case Guidance System entered into a new period. “About the Regulation of Case Guidance System Work” is just article 10, but far-reaching significance. In spite of this, the promulgation of the regulations does not mean that the Case Guidance System is perfect, but still have all sorts of problems. Through the research, the author found that the Case Guidance System in China,from the guide case by reference to the local people’s court, this process has yet to be perfected. The author thinks that, establish and improve the Case Guidance System, to make up for the loopholes in enacted law,regulate the judge discretion, improve the efficiency of the justice, to safeguard the unity of the authority of law, legal application, has very important practical significance. We should give the Case Guidance System is an accurate positioning,and try to solve the present problems of the Case Guidance System.This paper aimed to the generation of the Case Guidance System with Chinese characteristics, the present situation and future development were analyzed, and the comparison method and the method of empirical analysis, the improvement of the Case Guidance System in-depth thinking, to explore the correct path of Case Guidance System in China.Besides preface and conclusion, this paper consists of five parts: the first part is the general theory of Case Guidance System in China, including the nature of the Case Guidance System in China, the function and value. The first is the concept of Case Guidance System, secondly analyses the function of Case Guidance System, and finally points out the value goal of Case Guidance System, including to promote social harmony and maximum close to justice.The second part is the operation of Case Guidance System in our country, this part the author embarks from the current point in time, the analysis of the currentoperation mode of Case Guidance System in our country, then to guide the in recent years, summarized the case analysis, and then sums up the characteristics of guiding cases in China.The third part points out the problems of Case Guidance System in China,mainly from the effectiveness, release and application three aspects to discuss the specific problems of the Case Guidance System in China: main show is in effect not listed the judge does not refer to the legal consequences and people’s congress supervision result in legislative jurisdiction; In terms of release for lack of a set of selection and the abolition of the standard; In terms of application for trial habits lead to system become a mere formality, case easily replaced by the policy and the judge was accused of causing by case judicial machinery.The fourth part is about the precedent system outside of comparative analysis,the author from two perspective of Anglo-American law system and continental law system, analyses the two major legal systems in the field has some characteristics of the comparative study on the two big law case system for reference to the Case Guidance System in China.The fifth part analyses the ideas of perfecting our country’s Case Guidance System, the author from two aspects: macro and micro aspects of analyzing how to improve the Case Guidance System in China. In macroscopic aspect, this article first from the system level analysis of Case Guidance System in China, then from the legislative level analysis of Case Guidance System in China, to produce a kind of system and legislation system accord with China’s national conditions; At four points at the micro aspect, the author puts forward the specific measures, to make effective suggestion in order to establish the Chinese Case Guidance System.