On The Judicial Application Of The Guiding Cases

In November 2010, the Supreme People’s Court promulgated the "Regulations on the work of case guidance", and released the ten batch of guiding cases, thus opening up a precedent of China’s establishment of a case guidance system with Chinese characteristics. This also marks the beginning of the case guidance system in our country, which is proved to be practical, and the judicial application of the guiding case will be the focus of the theory and practice.Based on this, this thesis makes a systematic exposition of the basic theory of guiding cases of the meaning, effect and function positioning, on the judicial application of guiding case analysis, in terms of content and application of guiding the judicial case, complexity of our somesentence problem based on, at present our country judicial applicable conditions generally can be divided into two types: one is the typical case in the face of justice, the other is applicable to face the difficult cases of justice, that the future of China’s judicial application of guiding cases, should be in difficult cases appear as a condition, and the suitable contents should be the referee essence an important role, but at the same time can not ignore the case, analysis of the reasons for judgment and case.At present, our country is still in the exploration stage of the judicial application of the guiding case. For the current problems in the judicial application of the guidance of our country, the author makes a detailed analysis of the judicial application of the guiding cases from the aspects of the case system of common law and civil law countries. On this basis, put forward from the establishment of trial supervision system, departure from the reporting system and training evaluation mechanism and so on several aspects, for the guidance in case of judicial application provide an institutional guarantee, to exert the function of case guidance system in the control of judicial discretion right, realize co judge, the ultimate realization of justice.