| In order to effectively solve the problem of different treatment of the same case in prosecutorial practice,the prosecutorial case guidance system was born in the context of unified application of law.As an important institutional innovation of China’s socialist legal system,it has the advantage of fitting the current situation of China’s judiciary.As an important component of the system,it consists of typical and instructive cases established by the Supreme People’s Procuratorate in accordance with its procuratorial supervision function and after due process.However,as a new system,there are still controversies about the selection criteria,scope of the main body of the case,and the validity of the case.The guiding cases of prosecutors are factually binding,different from the judicial interpretations and common law precedents in China,and are used as an auxiliary means to refine legal interpretations and fill legal loopholes,without judicial coercive power.The statistical analysis of the overall trend and judicial application of prosecutorial cases by means of empirical research reveals that the standardized mode of operation has begun to show results,but still reveals the lack of obvious scale effect,uneven distribution of case sources,low citation rate,and limited social influence.The application of prosecutorial cases is not effective,not only for the reasons of prosecutorial cases themselves,but also because of the solidification of prosecutors’ thinking and habits in handling cases.In order to solve the above problems,it is necessary to strengthen the effectiveness of the application of prosecutorial cases.At the basic application level,the guiding cases of prosecutors provide doctrinal evidence for difficult and complex issues in typical cases,unifying the path of fact finding,evidence use and case handling methods for similar cases in prosecutorial practice and regulating prosecutorial discretion;the use of guiding cases in prosecutorial documents to explain the law and reasoning not only demonstrates its mission in prosecutorial supervision,but also realizes the will of the Supreme Prosecutor in prosecutorial practice.The implementation of the Supreme Procuratorate’s will in procuratorial practice,but also to enhance the adequacy and authority of the procuratorial instruments,to demonstrate judicial rationality.At the extended application level,the two major extended applications of prosecutorial guiding cases are legal education and interpretation of the law by cases.An important extension of the application of the guiding case is its social application,the application of the guiding case to promote public understanding and recognition of judicial work.To make the public understanding and recognition of the guiding cases,the key is to promote the application of the guiding cases in society,and promote the promotion of the law.Using the distinctive,direct and specific features of the guiding cases,the mechanism of the case to explain the law,and the combination of specific cases to the masses to more easily understand the meaning of certain legal norms.The shortcomings in the practical application of the current prosecutorial guidance cases can be remedied by improvement measures at multiple levels.On the one hand,it is necessary to improve the supporting facilities of the procuratorial case guidance system,clarify the reference standard,enhance the enthusiasm and initiative,and strengthen the incentive and supervision mechanism;on the other hand,it is necessary to further optimize the quantity and quality of procuratorial guidance cases issued,unify the application of law in the form of joint publication,and strengthen the doctrinal evidence in the official text,so as to truly play the application value of procuratorial guidance cases. |
