The Guide Role Of The Criminal Case

Since 1985, the China People's Supreme Court issued typical cases on "the People's Supreme Court Bulletin". This behavior has aroused discussion about the case system in academic circles. Because of a variety of reasons, the case system hasn't been built as schedule, and the study on the case system gets gradually bleaker. From 2002, Zhongyuan District court and other district courts successively started to try out the case guiding system. Besides, the China People's Supreme Court announced the second reforms outline for 5 years about the courts, which regulating the standard and perfection of the case guiding system. Those two behavior aroused discussion and attention once again. Under this background, the author does a research on the guiding case. Another aspect, when common criminal regulation linked up with the concrete case, the judge spontaneously handle the case according to the judgment previously, besides criminal law and judicial interpretation of criminal law. Reinforcing the function of the criminal typical case can reduce the deviation when the common criminal regulation linked up with the concrete case. This is the direct reason that the author does the research.The article is composed of four chapters, about 31000 Chinese characters:The introduction chapter brings forward the question, commenting the reason that reinforcing the function of criminal typical case.Chapter one makes a semantic analysis on the type and range of the criminal typical case. Firstly, describing the concept of the criminal typical case, and then differentiating and limiting criminal typical case with the criminal case and judicial interpretation of criminal law. Secondly, carrying out analysis on two kinds of the criminal typical case that court system announced. On this foundation, showing out clearly the range of the criminal typical case. The criminal typical case in this article embraces the criminal case that the China People's Supreme Court issued on "the People's Supreme Court Bulletin" and "Reference to Criminal Trial" and the criminal case that the district court issued on the purpose of directing trial. Chapter two emphatically discusses the basis of reinforcing the function of the criminal typical case. Firstly, commenting the basis from policy and law. Secondly, respecting experience is the philosophy basis. Thirdly, single-case interpretation is objective reality. This is the practice form basis.Chapter three comments the function of the criminal typical case from four aspects in detail. Firstly, constitution of crime is the standard of conviction. When the judge come across complication or dispute in concrete case, deviation of constitution of crime easily produces. The criminal typical case can deepening the judge's understanding of the constitution of crime, and handle the complication or dispute easily. Secondly, it can make the demarcation line of discrimination clear. The article thirteen has the function of discrimination, but it isn't concrete. The criminal typical case and the judicial interpretation of criminal law can limpid the demarcation line commonly. Thirdly, it can limpid the measurement of sentence, and reinforce the compatibility and balance of the sentence. Finally, it can enrich the criterion of conviction and sentence.Chapter four mainly discusses the system of reinforcing the function of criminal typical case under present legal system. All of the courts at all levels have the rights to issue the criminal typical case at different rank. At present, the criminal typical case has the direction effect. Then the article analyzes the process of creating the criminal typical case and the assembler of it.In the end, the article carries out prospect about the criminal typical case. And the target of this article is: firstly, it expects to arouse more attention to the criminal typical case. Secondly, the article makes a semantic analysis on the type of the criminal typical case and comments the function of it from four aspects in detail. It expects to provide basic material for further research. Thirdly, the article brings forward the idea of the scheme about reinforcing the function of criminal typical case. It expects to provide thought of the case guiding system building-up in our country.