Searches About Our Country Case Guidance System

The establishment of case guidance system is a significant judicial reform.In take the written law as in the characteristic modern China legal regime,must introduce in the judicature administration of justice which has the case-law color Chinese style "the case guidance system",is an unprecedented work.In containing many significant idea transformations and the system transforms,how to establish a set both to be able to maintain the written law tradition,and can profit from the case-law system's trial way,needs us to make earnest and the careful investigation and the research.This article tries from the legislation,the judicial stratification plane as well as compares in the tendency foundation which the case-law system and the contemporary world legal system allows temporary credit,unifies our country's fundamental realities of the country,puts forward certain shallow proposals to our country case guidance system's construction.This article altogether divides into four chapters.The first chapter is our country case guidance system outline.This chapter first to the case guidance system's concept,the nature has carried on the explicit limits. Next,the author elaborated the case guidance system's localization and the potency specifically,and has carried on the comparison with the case-law,has prepared for essential for as follows proof.The second chapter is our country establishes the case guidance system's necessity.This chapter mainly has carried on the elaboration from legislative and in judicature's stratification plane,had pointed out the establishment case guidance system is and overcomes to the legal limited atonement,is advantageous to the judicial synthesis level enhancement.The third chapter is our country establishes the case guidance system's feasibility. This chapter mainly the tendency which,the reality basis as well as our country from the chinese legal culture,the world two big legal systems fused gradually places on trial management system these four aspects to carry on the detailed elaboration and the analysis,the author thought that implemented the case guidance system in our country is feasible. The fourth chapter is our country case guidance system's construction.First,the author elaborated has constructed our country case guidance system's guiding principle:The legal system uniform principles,establish the principle,the classified construction principle gradually;Next,the author proposed to the case guidance system's concrete construction certain suggestions,mainly formulated the main body, the choice standard,the manufacture request from the case guidance system,to cite the method and to manage these aspects to make the concrete elaboration specifically.