| Ten batches of "typical cases" issued during the new crown in 2020 played an important role in guiding the work of procuratorial organs across the country.The publication of the guidance cases in the form of "typical cases" essentially applies the legal effect of the "Guiding Cases" in the "Regulations of the Supreme People’s Procuratorate on Case Guidance Work"(hereinafter referred to as the "Regulations").This practice has caused academic circles to discuss procuratorial guidance cases.The dispute over the application of the release mechanism has exposed the incomplete mechanism construction reflected in the "Regulations" itself.The existing procuratorial guidance case release mechanism is mainly generated and formed on the basis of the "Regulations",including a considerable part of the content related to the release mechanism,but unfortunately there is no mechanism content that clearly distinguishes the form,which can only guide the normal social conditions.Procuratorial guidance case release work;the scope of legal management is in addition to the normal society as well as the abnormal society.A perfect procuratorial guidance case release mechanism requires the content of the mechanism in both normal and abnormal states.The research plan of this article is to analyze the characteristics of cases released by abnormal society and sort out the existing normal release mechanism to construct an abnormal release mechanism for procuratorial guidance cases,hoping that the case guidance work release mechanism will operate in a lawful manner in future social extraordinary conditions Can rely on.The main body is divided into four parts except the introduction.The first part is an overview of the abnormal release mechanism of procuratorial guidance cases.The concept of the procuratorial guidance case issuance mechanism is mainly derived from the two forms of legal mechanism,and then the specific concept content of the procuratorial guidance case issuance mechanism is clarified through the concept of the procuratorial guidance case issuance mechanism.It also analyzes the necessity and significance of the abnormal release mechanism of procuratorial guidance cases.The second part is the status quo of the procuratorial guidance case release.By analyzing the nature of typical cases issued during the epidemic,we will define the nature of the non-normal procuratorial guidance cases for qualitative research,and carefully sort out the key elements of these ten batches of typical cases for quantitative research.At the same time,it uses this method of quantitative research as the mainstay and qualitative research as the supplement to obtain its characteristic information and breakthrough results.The third part is the reference to the normal release mechanism of procuratorial guidance cases.This paper introduces the status and characteristics of the normal mechanism of procuratorial guidance cases,puts forward the different thinking about the two types of cases,and sorts out the lessons for the non-normal release mechanism of procuratorial guidance cases based on the content of the existing mature mechanism.The fourth part is the construction of an abnormal release mechanism for procuratorial guidance cases.Through the discussion of the construction form and the construction framework,it will provide a good suggestion template for the abnormal society release mechanism of my country’s procuratorial guidance cases in the future.Under the premise that there is a normal release mechanism,how to better build a new abnormal release mechanism and maintain a lasting vitality is an important judicial reform work,which is not only conducive to the development and enrichment of the procuratorial case guidance system,but also helps To fill up the research gaps in the procuratorial field of domestic emergency judicial mechanisms. |
