Study On The Application Of Guiding Cases In Procuratorial Affairs

Judiciary produces and requires jurisprudence.Responding to the ambiguity and abstractness of legal language through cases and promoting judicial fairness are the practical goals of the Supreme People’s Procuratorate and Supreme People’s Court in 2010 to establish a case guidance system.For many years,judicial practice departments and academic circles have continued to conduct research on judicial practice of guiding cases in order to ensure the vitality of guiding cases and realize the positive interaction between the case guiding system and judicial practice.Positioning.Existing studies mostly focus on court-guided cases,and lack of attention to the practical application of procuratorial guidance cases.The functional positioning of the procuratorate determines that there are some individualized problems in the application of procuratorial guidance cases that are different from the application of court guidance cases.In view of this,this article shifts the research perspective to the judicial practice of procuratorial guidance cases.This article expounds its irreplaceability in judicial practice from the basic theories such as the nature,function,and "guiding" sources of procuratorial guidance cases,and examines the judiciary of procuratorial guidance cases at the current stage through data analysis and case analysis.Application status,analyzes the difficulties faced by the current procuratorial guidance cases in terms of applicable types,applicable standards,applicable effects,applicable binding force,from case selection methods,case reference rules,prosecutorial judicial policies,case effectiveness rules,and judicial thinking The method began to clarify the key reasons for the insufficient role of the procuratorial case guidance.Finally,based on the characteristics of the procuratorial function,it put forward opinions on the application of the procuratorial case,and proposed a perfect case starting from the judicial application basis of the procuratorial case.Suggestions on the supply mechanism and the improvement of the applicable rules of the case.Starting from the external applicable environment of the procuratorial guidance case,it proposes to strengthen the cooperation of procuratorial case work,establish a case application training mechanism and a case exclusion application system,in order to improve the practical application of the procuratorial guidance case value Attorney guiding case to protect the healthy functioning of the judicial practice.