Operation Status Of Criminal Guiding Cases

The Supreme People’s court plays an important role in unifying the application of laws and maintaining the unity of justice.It mainly depends on judicial interpretations to performs these above duties.However,different judgments of the same case seriously affect judicial credibility and authority in real practice.The Supreme People’s Court and the Supreme People’s Procuratorate have successively issued guiding cases in order to enrich the connotation of written law and make up for its defects.Compared with other guiding cases,criminal guiding cases need to strictly follow the provisions of criminal law,and the principle of legality restricts the discretion of judges.This paper refers to the guiding case No.28 and some cases of refusing to pay labor remuneration that have been publicized as the research object,inspects the reference application of case No.28,analyzes the response of the key points of judgment in this case to the dispute focus of refusing to pay labor remuneration,in order to summarize the common problems in the making of guiding criminal cases and improve the quality of institutional cases.This system the basic work for the degree case to play its expected role.The author investigates case No.28 firstly,analyzing the main points of the case,the basic facts of the case and the reasons for the judgment,and extracting two key words from the main points of the judgment,namely,advance payment and non-wage case.The author makes statistics on the reference and application of advance payment case and non-wage case respectively,and finds that the citation rate is very low,and there are no directly cited cases.The reason for the low citation rate of similar cases to case 28 is that advance payment and lack of wage standard have been stipulated in the judicial interpretation of this crime.Case 28 has obvious publicity,and the ret rieval mechanism of similar cases is not perfect.Through the judicial statistical analysis of the dispute focus on the appeal case of the crime of refusing to pay labor remuneration,the author finds that the determination of the act of escaping and hiding,the eligibility of the subject of the crime,the determination of the subjective intention and the limit of the sentence are the four main appeal focus issues,and case 28 does not respond to the appeal focus issues.This shows that the production technology of case No.28 is not mature,which is mainly reflected in the extraction of key points of judgment,that is,the summary of judgment rules.Combined with the dispute focus of appeal cases,the author tries to put forward corresponding suggestions.As one of the 22 guiding criminal cases,guiding case No.28 is of analytical value in its selection,production and reference application.Based on the current situation of the operation of criminal guiding cases,the author tries to find the common performance in the operation process.The similarity of case facts and the ambiguity of legal provisions are the premise of the application of criminal guiding cases,while the common problem of the current price section is that the supply of cases is insufficient and the cited cases are not high,especially the lack of guiding points in the judgment,the single selection standard,the immature production technology,the low awareness of judges and the unclear effectiveness are the reasons for the low cited guiding cases.In case no.28,the processing and cutting technology of the key points of the judgment was immature,and the selection of cases was deficient.These problems also existed in other criminal guidance cases.In view of the above problems,the author proposes two kinds of suggestions: on the one hand,to improve the interpretation as the selection standard,the case making should respond to the trial difficulties,clarify the way to realize the binding force of the case,so as to improve the criminal guiding case system;on the other hand,to further improve the relevant supporting mechanisms,including improving the judges’ skills in using guiding cases,improving the case retrieval mechanism,and improving the reference application Supervision system.So as to promote the effective function of criminal guiding cases,achieve the goal of unified application of law,and maintain judicial justice.