On The Cases Guidance System Of The Supreme People' Court

A few decades ago, the Supreme People's Court had issued the typical case. At the same time, thepeople's courts at all local different levels tried to practice the case directing judges' trials. Followingthe practice and the needs of justice, in "the Outline for the second Five Years' Reform of ThePeople's Court (2004-2008)", the Supreme People's Court had clearly stated that to establish andperfect the cases guidance system. In November26th,2010when the Supreme People's Court finallyissued The Regulations about Cases Directing Trial. It means that the cases guidance system had setup. The Regulations had solved some problems that emerged in the development process of CaseGuidance System, but most of the problems are concerning about how to select directing case andother procedural problems. The efficacy and application of the system are rarely mentioned. And thisis the starting point of the paper. The paper tries to analyze the shortcoming of the Regulations on thebasis of the technical level. It includes the following parts.The introduction part gives a brief overview of case's effect and development in various dynasties ofChina. And concluded that the existence and development of the Case Guidance System is generaltrend.Chapter1sums up the case guidance system of the Supreme People's Court, analyzes the content andthe present situation of the system.Chapter2starts from the word 'should' that indefinite in the Regulations. And then discuss the effectof the case guidance system. The paper puts forward that the directing cases do not have thecompulsory legal binding, but they have actual effect in the judicial process.Chapter3is about the application of the case guidance system. The paper holds that there are certainconditions before use the system. When the judge use the system, they should know the how to findthe directing case and some other important factors.In the conclusion part, the main perspectives expressed in this article have been summarized further,and on this basis, the preliminary form of this system used in cases' judgment have also beenelaborated with successful cases. In the end, the paper makes an expectation of the development ofthis system in the future.