On The Accounting Of The System Of The Guiding Case

Arguing about whether to build the system about guiding case maybe stop, and how to consummate it may be begin. On November 26,2010, the Supreme People’s Court issued <regulations about the system of the guiding case>, which indicate the system of the guiding case is been built formally. It has all nine items which syllabify and simply build the system of the guiding case. Besides the Supreme People’s Court, the Supreme People’s Procurator ate and Ministry of Public Security also issued the system of the guiding case. But here basically explain the Supreme People’s Court’s.Choosing this title is in order to reduce the same case sentenced the different verdict’s proportion, advanced the judicial justice. Everyone wants the same case sentence the same verdict, and the monocracy want it. Because there are not the rules to restrict the discretionary power of our judge, also because the professional quality of the judge is scarcity, the phenomena of the same case sentence the different verdict is raising. These phenomenons reduce the judicial authority and make some disharmony. The system of the guiding case can limit the discretionary power of our judge, advance the level of the trail, reduce the same case sentence the different verdict, and promote legal system construction.The innovation is using the antitheses to compare the system of the guiding case with others. It could tell us the deficiency of the system and we can fix it.The part one tells us the relationship between the system and others. The monocracy relies on the system, and the system also ensures the uniform judicature.The part two tell the system of the guiding case. It contain what is the system, its history, what it want and the important of the thesis that is deficiency of the system which using the antitheses get it.The third part is the important to the thesis. It introduce the system of the guiding case.The last part is about how to consummate the system of the guiding case.