The Research Of The Chinese Case-guiding System

The issue of Case-guiding system emerges naturally as far as the judicial non-uniformity are concerned, "Like Case, Like Treatment" is its law appeal. Judicial organs all over the country have carried out multi-formal practices since the presumption of case-guiding system was come up in the "People's Court of the Second five-year Guidance Outline" published by The Supreme People's Court in 2005. On july 20 2010, the rule about case-guiding system first introduced by The Supreme People's Procuratorate, which involved validity, coverage and operationmechanism of Guiding cases and so on. The Supreme People's Court also launched similar rule on November 26 2010. The preliminarily constructed case guidance system, which aims at fully.displaying the role of the guiding cases to unify the standards of legal application and follow the natural rule of judicial by turning the cases which are having a real effect on judicial practice into a kind of distinctive system. Cases which just binded individual paties in the past will eventually develope into directing judicial future in a broader sense and therefore have multiple research values. Because the reform is a institutional innovation led by juridical authorities, the validity of Guiding cases has become an unavoidable foundation of solving all theoretical problems and the key of effectively working of the reform in judicial practice. To answer this question, "case" should be returned to the original state from the history background of western legal unified application in different legal systems, countries and traditional cultures, so we can reach an agreement of system construction by backing the universally judicial disciplines. It is very necessary to clear effect of Guiding cases by reviewing success and failure of" Case announced system" of New China and case publishing of local judicial authorities in recent decades on the basis of existing constitutional government framework and legal system in our judicial body. The author positions the Guiding cases as one form of judicial interpretations, which is concluded from various opinions in the domestic academic realm. She meanwhile emphasizes that Case guidance system need to be limited in selected standard, formulated body, compiling procedure, modification,abolition and document format, to deal with the relations of the reform and existing judicial system, to speed up advancement of related supporting system, to especially pay attention to increase fundamentally judicial autonomy capacity and opening process, in order to promote the country's judicial process constantly towards the goal of social justice.