The Evolution And Exploration Of Case Guidance System In China

Since reform and opening, changes in our social life have intensified.Those changes bring us a lot of problems,because statute law can not adapt to the new situation,emerged of the phenomenon of same cases in different verdicts in the judicial practice has seriously undermined the authority of the judiciary. This leads to a waste of judicial resources and judicial corruption. Faced with this situation, some academics have suggested the introduction of the case law system making up the loopholes and unifying Judicial Application. Especially since the "Supreme Court Bulletin" published cases,scholars on this issue started a heated debate. In 2005, the "People's Court Twenty-five Reform Program, " proposed the establishment of case guidance system that the Supreme Court's decision, to put a stop to this controversy. In October 2010 Supreme People's Court published "A Guidance on The Case Guidance System" began to practice the first step in our case guidance system.In this paper,we will study the evolution and exploration of case guidance system in China on the analysis of"People's Supreme Court Bulletin"crminal cases.This article has four parts.The first part introduces the meaning and difference between "case"and"case law","case guidance system"and"case system".I will also try to define the nature of case guidance system.The second part describes the urgent need of case guidance system on four aspects,uniform application of justice, make up the loopholes, limit judicial discretion, save judicial resources.The third part explores the construction mode of case guidance system on the analysis and summary of the"People's Supreme Court Bulletin"crminal cases. In one hand, define the subject and the vehicle of case guidance system, reveal the "Supreme Court Bulletin" unmatched by other publications with a position of authority. In the other hand,analyze criminal case development and changes in the overall characteristics and empirical analysis, refine and summary successful experience and shortcomings of the cases published by Bulletin.The last part proposes some idea on the building models of case guidance system depending on combinating of the status of implementation and the experience of Bulletin cases.This possible innovation is ,use the "Bulletin"case of the unique perspective of statistical analysisand summary of positive and negative experiences,combined with the latest clause "directing work on the case guidance system",which published on Noember 2010. This paper provides specific method to operate the case guidance system on the basis of the data analysis.This article does not intend to "case interpretation " of the analysis to explain and elaborate the law applicable to entities. Inevitable in the writing process to the case involving the issue of substantive law, I will strive to avoid the substantive comments.The focus of the article is an analysis on Bulletin cases, try to summary and dig out the experience for case guidance system to absorb and learn .