Research On The Guidance System Of Procuratorial Cases

The procuratorial case guidance system refers to a special system that creates and publishes guiding cases according to certain standards and procedures of the Supreme People’s Procuratorate,and provides unified demonstration and guidance for various procuratorial work of procuratorial organs at all levels.On the one hand,as the first of its kind at home and abroad,the procuratorial case guidance system is based on procuratorial practical experience,and is advanced by relying on procuratorial power and procuratorial case handling,with procuratorial characteristics.On the other hand,it is between the judicial interpretation system of procuratorial organs and the typical case system of procuratorial organs,and there are differences with them in terms of normative basis and strength of effectiveness.However,as a mechanism for providing procuratorial rules,the three can be progressively transformed in turn depending on the conditions to enhance the openness,richness and timeliness of the procuratorial rule system..The implementation of the case guidance system by procuratorial organs aims to consolidate the integrated management of the procuratorial organ system,standardize the judicial discretion of procuratorial organs,revive the subjective initiative of procuratorial personnel,and strengthen the social nature of procuratorial case-handling work.However,its application effect in procuratorial practice is far less than expected,and the implementation of the system is also full of obstacles: in terms of operation carriers,the number of guiding cases is small and the quality is not high;in terms of effectiveness mechanism,the normative documents have ambiguous expressions on effectiveness,There is a lack of supporting measures;in terms of the applicable mechanism,the normative document does not specify the reference premise and specific reference object;in terms of the supervision mechanism,the supervision method is relatively simple.To this end,it is necessary to improve the normative practice around practical problems in a targeted manner.Starting from the Guiding Cases themselves,the operational foundation should be consolidated by improving the release efficiency of Guiding Cases,enhancing the balance of Guiding Case types,highlighting the "rule creation" of Guiding Cases,and strengthening the rationale of Guiding Cases.Starting from the normative provisions,the factual binding force of procuratorial guiding cases should be clarified,and the rigidity that deviates from the reporting system to ensure effectiveness should be rebuilt.Starting from the applicable requirements,it should provide a reasoning paradigm for practitioners to apply Guiding Cases by clarifying the meaning of "similar cases" and the objects of reference.Starting from the supervision mechanism,a combination of passive supervision and self-supervision within the procuratorial system,internal supervision and external supervision should be adopted in parallel,and the implementation of the procuratorial case guidance system should be promoted through diversified supervision methods.