The Study Of The Construction Of The Criminal Case System In China

In China’s present judicial practice,there is an imbalance in sentencing whether in courts in different areas or different courts in the same area and whether in the same level or different levels of courts.Even after China promulgated and implemented the criminal case guidance system and the sentencing guidelines,such problems remain unresolved.Therefore,in the context of different judgments in the same case,in view of China’s actual conditions and practical needs,it is an irresistible trend to build a criminal precedent system with Chinese characteristics in reference to the experience of case law and precedent system.This paper analyzes and discusses the construction of China’s criminal precedent system through the following parts from the angle of criminal court system:The first part mainly reveals the situation of different judgments in the same case in current judicial practice through the analysis of cases.It also points out the different viewpoints put forward by domestic scholars in the face of this situation.Firstly,select two pairs of domestic typical and relatively new cases and reveal the status of different judgments of the same case vividly by analyzing the cases.Then it pointes out the different opinions in the domestic academic circles.The second part mainly discusses the use of precedents by foreign countries in the face of the phenomenon of unbalanced sentencing.Through the study of comparative law,this paper tells the fundamental theory of criminal precedent system and the relevant provisions of different law systems.Firstly,the concept of criminal precedent system and its rationality are clarified.Afterwards it discusses the common law system,the continental law system and the combination of the two law systems.The third part mainly studies the methods of establishing the criminal case guidance system and promulgating the sentencing guidance adopted by China in the face of the problem of different judgments in the same case.This paper discusses the relevant theories of the two things and analyzes their existing problems at the present stage.Firstly,it tells the significance and specific provisions of the criminal case guidance system established in China.And then this paper lists its problems in sections,including small quantity,small scope and unclear legal effect.Next,this paper discusses the sentencingguidelines issued and implemented by the supreme people’s court and studies the existing problems.The problems include a tendency to over-digitize,a lack of reasoning and other factors affecting performance.The fourth part mainly focuses on the different judgments of the same case in judicial practice and the existing problems in China’s current provisions and puts forward some concrete suggestions on constructing the criminal precedent system with Chinese characteristics on the basis of in reference to the relevant foreign experience.It mainly includes several parts:Firstly,some measures at the legislative level,such as promulgating relevant regulations to give clear legal effect to criminal cases.Secondly,determine the specific mode of the creation subject and the selection standard of the criminal case.Thirdly,enhance the training of judges and other judicial personnel in the use of cases and the creation of excellent judges and strengthen the supervision of judges’ use and creation of cases.