On A Case Guidance System Status And Role In China's Legal System

In our legal system exists in legislation and the retardation, the department of the law exists between the hole, vague and conflict situations, the judge under applicable law is often the lack of a unified standards and possible to make the decision of the cases are common meal alone, the so-called "different" phenomenon, not only sentenced to deny modern the rule of law in the form of justice demands, are also seriously affected the court judicial authority. Against the people of widely different from "common meal alone to" guide system, the case where the system is the source of the western jurisprudence system, but with precedent system is essential, the main distinction that is, after a strict procedure established a typical case, in the handling similar cases is binding, the higher court or the next higher court of judges in the same case, if no other special circumstances, shall be referred to. These two major law system there is convergence of our ancient times, "an example to support" the follow precedent.2005 on October 26, the supreme people' s court promulgated the people's court the next five years of reform programme (2004-2008), made fifty items of reform and reform measures.one of the item 13 in a guidance to establish and improve the system and directed verdicts where there is unity of the case law applicable under the direction of higher court and judicial work, and enriched and developed the theory of law. At present our case is insufficient guidance as to many parts of the guidelines:the importance of knowledge is inadequate, cases of guidance is not clearly, for guiding the lack of the listing criteria and procedures and edited and published in all parts of the case, on legal interpretation, the good and bad are intermingled, cause people a question of judicial fairness. In establishing and perfecting the system in case we should refer to precedents of the law, good practice to the whole system of overall consideration, and a clear case, determine the direction of the case of instruction system, standardize the fundamental principle guiding the case and unified selection procedures and limited release the body and clear rules apply to build our country's actual conditions in cases of the system.The text of the article is divided into four parts, the first part of the cases analysed by a country in the existing legal system under the guidance of the need for establishing the system; the second part of our cases on the system introduced in the judicial infrastructure and tradition, and the common law system in case of the system is continuously, and the integration of complementarity trend; the third section describes the present case the guidance of the system of the status quo and the existence of some of the inadequate.