On The Case Guidance System

Justice Unity is the basic meaning of justice is the basic requirement of the rule of law. "At present, some cases of different co-contracting", the applicable law is not unified against the idea of a unified judiciary, judicial practice of contemporary China is facing a major problem, serious damage to the trustworthiness of the judicial power, undermine the authority of the judiciary. To address this problem, in recent years, judicial practice and to explore the establishment of advocacy case guidance system. "People's Court of the Second Five-Year Reform Program" is also proposed to establish a clear case guidance system with Chinese characteristics, unified judicial scale, accurate and applicable laws and regulations in China.Bulletin of the Supreme Court issued two decades of practice and local courts in recent years, "Case Law" pilot for the case guidance system provides the opportunity and the accumulation of real resources. Therefore, this article is of greatThe first part is legal system with Chinese characteristics has been built, in which case guidance system included in the judicial practice, but the problems of domestic and international case guidance system status and main contents of this study, objectives and methods.The second part is an overview of case guidance system. Case guidance system includes the concept, nature, case guidance system and common law relationship between case law and case law guiding the development system and the relationship between civil law sections. Guidance system from the case and the two legal sources and links between the terms of the guidance system, a comprehensive introduction to the basic concepts of case and nature.The third part introduces a delay because of statute law, abstraction, generality, fragmented, trial practice alone can not meet the statutory requirements. Meanwhile, the judicial practice and judicial understanding of the judicial officers of the law is not uniform.Therefore, the need for the first case the value of the guidance system, then the value of the three case guidance system:for making up the shortage, reduce v. tired, conservation of judicial resources to achieve maximum efficiency and to limit the legal discretion of the judge, the unity of the rule of law are three areas need to prove its existence. The fourth part of the common law and civil law from abroad, the Experience of Hong Kong, Macao region and China's implementation of the described case, in particular the impact of the Regional Council to explain the build cases and contact guidance system in China is feasible.PartⅤdescribes the history of our country to further explain the tradition of jurisprudence since ancient times has always been a case of precedent for guidance, so in our case guidance system to establish viability of historical heritage.PartⅥdescribes the current system of judicial guidance on the case of practice and exploration, the main case guidance from the Supreme Court of the time the current situation, the district court conducted in the case of some guidance to explore and try to introduce and, finally, the guidance of the current case to be perfect.PartⅦdescribes the basis of comprehensive consideration of these issues, trying to build a case guidance system with Chinese characteristics, the theoretical framework and the concept of change and build our vision of the specific case guidance system.Concrete construction, including the establishment of guiding case selection system, a clear case of guiding the release of the main body, and its technical specifications for the establishment of monitoring and protection case guidance and the establishment of guiding case modification, cancellation, and the effectiveness of assessment to build a workable the case of the guidance system with Chinese characteristics.