The Research On Feasibility Of The Case Guiding System In China

Indentical law case gains indentical court decision result, which is the core element of justice."All people are equal before the law"is an universally accepted basic principle in the modern judicial country, and the equality of law-applying is concrete manifestation in the judicial field. It must pursue unification of legal mechanism and applicable effect.Our country society transformes, the economic life changes rapidly since the reform and openness, various contradictions and disputes increase gradually, the cases accepted by the courts increase year by year. Meanwhile, the phenomenon of the same case with different judgment is universal existence in the courts at different levels, different area ,even the different court room of the same court, or even between different judges of the same court room in a very short time. It has hurt the intense judicial passion of masses of people in certain degree. Although, the reasons for the universal phenomenon of the same case with different judgment are various, the statute law is the main origin of the law in our country, its inherent defect in the course of application is attached to the phenomenon which the same case has different judgment as if ghost. Because of the inherent limitation of the statute law and generalized highly of law principle and judicial explanation of property of statuary law, they are powerless. Objective reality urgent need one kind of new of judicial system .The Supreme People's Court issued the "People's Court outline for the reform of the second five-year (2004-2008)",which explicitly pointed out the establishment and perfection of the case guiding system, the case guiding system is just the objective need of this generation. The practice of the Supreme Court issued communiques for more than 20 years and exploration of the District Court tried "Case system" in recent years have provided opportunities and resources of accumulated reality. So we can say it is rehabilitation and excess of China's "Case" tradition, It, more precisely, is the profound discovery and revelation realizing the objective rule of uniform law-applying on China's traditional legal background. It is using the flexibility of the case directing system neutralizes the rigidity of the statute law that the road of our judicial unification will find its way. In a word, the case guiding system is necessary as well as feasible in the special judicial field of our country.