Research On The Case Guidance System In China

Since the Provisions on Case Guiding was issued by the Supreme People’s Court in 2010, case guiding system has been formally established in China for over five years. While implementing the strategy of ruling the country by law, it not only requires legal system to be superior and perfect, but also requires existing laws to be fully carried out effectively. In juridical practice, if laws could be uniformly applied is an important criterion to judge the developmental level for rule of law and the judgment that guiding case could promote laws to be uniformly applied during juridical practice has been widely accepted by educational circle and practice circle. On the way to build China into a socialist country ruled by law, case guiding system has met current real demands of judicial reform in a more intuitive and visual way. This paper has the following four chapters:In Chapter One, it defines the conceptual attributes of precedent and case. It mentions that ’precedent’ is a core concept of precedent system and it is exclusive to the field of law; but ’case’ is not exclusive to the field of law and it is quite different from precedent. And this chapter also defines the specific meaning of ’case’ in the practice of China’s judicial organs.In Chapter Two, it reviews the historical evolution of China’s case guiding system. In this chapter, the development of case guiding system in Chinese history is roughly divided into four stages: precedent’s birth period in the slavery age, precedent’s formalization period in Qin-Han dynasties,precedent’s developing period in Sui-Tang-Yuan-Song dynasties and precedent’s heyday in Ming-Qing dynasties.In Chapter Three, it introduces the realistic conditions of China’s case guiding system at the present stage. Author has introduced the new look of current case guiding system in China from four aspects, including basic constitution, screening mechanism, action condition and functional localization of China’s guiding cases.In Chapter Four, it analyzes the development bottleneck of China’s case guiding system and raises some innovative ideas. Author has analyzed and explained current difficulties of case guiding system and corresponding solutions from internal construction and surrounding system construction of case guiding system.Highlight of this paper lies in that according to current development status of China’s case guiding system, proceeding from our national conditions and learning from foreign case precedent systems, author has clearly proposed that in order to take a good way for our case guiding system, we not only need to complete our case guiding system from inside, but also should focus on system construction of related matching judicial systems.