Study Of The Civil Case Guidance System Of China

Being an important part of China's judicial system,the civil case guidance system is a summary of the long-term experience in judicial practice experience of the people's court.The change of the cases from "reference" to"guidance" makes the new position of the case guidance stand out.The establishment of case guidance is an inexorable demand for the process of rule of law in our country.The case guidance system of our country is different from the precedent system of foreign countries in nature though they are entangled inevitably from the beginning of the former's establishment.At present,all the countries in the world are absorbing and learning from the advantages of other countries legal system while eliminating the disadvantages of its own so as to promote the virtuous cycle of legal system.The further improvement of the case guidance system of our country not only needs to base itself upon the optimization of the system,but also needs to rely on the guarantee of relevant supporting measures.By scientifically setting the subject of the civil case guidance system,the standards for selecting the guiding civil cases,and the selection program of the civil guiding cases,the system itself can be optimized.Meanwhile,the court's application of the civil case guidance system should be normalized and the standards for the judges to decide the "similarity"should be unified.In addition,the mechanism for supervising and guaranteeing the civil case guidance system should be established and improved.With the measures above,the civil case guidance system of our country can make up the deficiency of the statutes,reach the unitary application of law,guaranteeing the same result of judgment of the same cases so as to realize judicial justice and enhance judicial credibility.