Case Guidance System Mode Of Conception

Because of the intrinsic defects of statute laws, the wide range of our country, the numerous ehtnic groups, the big differences between urban and rural areas,the unbalance of economy, the laws have a lot of leaks and the flexibilities.The judge's discretion is big,and there is a lot of cases happened which are the same facts but different decisions in courts of same area or different areas, so the public have serious repercussions,and affect the public confidence of jurisdiction and judicial authority. In this situation, it is a practicable choice to learn from history tradiong and other countries and by means of case guiding system,unify the judicial standards, control the judge's discretion ,and make up for statutes.This article compares the Chinese case guiding system and precedents of Common law,then reveal the connotation of Chinese case guiding system and make a rational orientation.Based on the citing of Chinese case publication,this article analyzes the defects of the system,and discusses the demands of reality and practice with consideration of our histrical tradition and legislation and judicial practice.At last this article puts out the basic proposition of Chinese case guiding system in order to promote the development of the system and the perfection of legal system and the unity of jurisdiction.