Discuss The Case Guidance System And Auxilia Ry Predent Also Analyze How They Fit Eachother

In the socialist legal system construction of continuous progress and achievements of today, with the rapid development of social economy, politics, culture and the complex social relations emerge in endlessly, legal construction is faced with new challenges. As my view of the progress in the reform and opening up and social development, from the economic, social, great changes have taken place in many aspects, such as.At the same time, our country’s judicial system from the beginning to build developing and perfecting, now is the huge achievements in recent decades.Which as a special case guidance system in China is representative of judicial system in our country. Case guidance system refers to a determined and published by the supreme people’s court, the court trial and execution work throughout the country has guiding the role of case, it is to promote the process of judicial reform in our country, the important measures to guarantee judicial justice. Is to standardize judicial referee, guarantee a accurately apply the law reform.Case guidance system in our country’s judicial played a large role in the process, promote the unified judicial standard, effectively solved the difficult problems in judicial practice, maintain, set up the image of justice fair.With the background of current judicial reform in our country, the existing judicial development reality, the objective environment such as the legal tradition and legal system in our country, and the case guidance system itself there may be some flaw, when new dispute appeared in front of the judge, the judges at the grass-roots level to the relevant legal basis to solve the difficult case dispute, but the case guidance system in some ways may be temporarily unable to solve this situation very well. Therefore, combining with the special national conditions of our country, always adhere to is given priority to with statute law and case with Chinese characteristics the idea of the auxiliary system accordingly.Although the precedent system in our country is to be recognized and acknowledged, but the precedent is no stranger to China, we in the ancient many dynasties had similar practices, also has with practice experience of the civil law countries such as amalgamation of the two big law system gradually and at the background, mainly of law with Chinese characteristics is proposed case this attempt to train of thought of auxiliary system, for our country’s judicial reform and judicial practice are has some value and significance. This paper fully affirmed the achievements and the role of case guidance system, and analyzes some problems of the case guidance system, on this basis proposes and demonstrates the feasibility of the construction of precedent system. And discuss the relationship between the case guidance system and auxiliary system, as well as the contrast between the two links, as well as the interaction of the two and fit.