The Study Of Case Guidance System

Rule of law in a country is an important symbol of social civilization level one in a certain historical period of the country. In our country (the text refers only to mainland China, excluding Hong Kong, Macao regions.), the establishment of case guidance system, the building of socialism with Chinese characteristics is a country ruled by law to raise the overall level of our important part of the rule of law. This case guidance system in China is from the judicial practice, trying to clarify the legal status of the case guidance system, the necessity, feasibility and legitimacy of guiding cases well be more fully argued, and supporting implementation of the system to meet the specific situation of our country in order to promote China's legal system is improving, the process of rule of law in the country will be useful.The body of this paper is divided into five parts discussed. In the first part, the basic positioning of case guidance system will be introduced. The effect of positioning of the case guidance system Guiding case is to investigate the cornerstone of all the issues, so the positioning of the main case guidance system is the core content of its positioning of guiding cases. This paper begins with the definition of academic and Supreme People's Court on the introduction. Then, the author of the case guidance system will put forward his own unique point of view.The second part describes the creation of base of the case guidance system. This section discusses the necessity, feasibility and legality of the case guidance system. From the background of the times Good time about the current rule of law, combining with case guidance system that has been made with the various systems in an attempt to practice in the judicial practice and support, trying to interpret better the necessity and feasibility of the case guidance system. And discussing case guidance system on the legitimacy of arguments to support guiding case of the case guidance system classified as a rare but legitimate judicial interpretation point of view.The third part of the case guidance system demonstrated the operation of practice. This section focus on the main line of historical development of Chinese society, the case system on the judicial practice in China, is divided into the case of practice of the system before the Qing Dynasty, Qing Dynasty to the case in 1949 after the establishment of judicial practice and the People's Republic of cases to sort out in three stages to guide practice. Article by the Supreme Court October 26,2005 release of "People's Court the second Five-Year Reform Program (2004-2008) " in Section 13 of the "establishment and improvement of case guidance system " as the purpose to introduce the case guidance system Judicial practice and exploration, production and development of the system sort out the plight of the general.The fourth section describes the case guidance system compared with the two legal precedents. This paper introduces the two legal systems of the different attitudes taken by Case, fusion of the two legal systems in each other, learn from each other aspects of reason analysis, sought in the mutual integration of the two legal systems on the interpretation of terms of reference to further explore the case for the development of our law Guidance system.The fifth part is the perfect concept of case guidance system. This chapter from the rule of law and judicial practice, the overall perspective, examine the current situation in our country the rule of law, lists all the current development of case guidance system difficulties, eventually guiding system of the case put forward in improving the system easy to operate some of the specific and the feasibility of proposals.