The Study Of The Case Guidance System

Justices unity is the basic meaning of justice and the basic requirement of the rule of law, At present, some cases of different co-contracting are against the idea of a unifier judiciary. This is a considerable problem, not only against the modern rule of law in the form of justice, also seriously affect the authority of jurisdiction. How to solve it? In recent years, the case guidance system has been advocated and carried out relevant research. In October26,2005,The Supreme People’s court issued the<people’s Court of the second Five-year Reform Program>,proposed:establish and improve case guidance system, pay attention to guiding case in uniform law applicable standards, guide the lower courts trial, enrich and develop the theory of law. In November26,2010The Supreme People’s court promulgated<previsions about the case guiding work>,preliminary constructed the case guidance system.case rises to "the guiding case" from the simple judicature and reference. So the case guidance system has multiple research value in the legislation and judicial practice.The case guidance system is a judicial system about using guiding case to guide trial work, innovation and attempt on the precedent system. Aimed at summarizing trial experience. unifying application of law, protecting justice. The direct purpose is eliminating some unfair problems in our society. Under the globalization of law legal boundaries become increasingly blurred, since our country is long-term under the influence of the statute laws, the building of case guidance system has a positive meaning. But this does not mean our system did not exist problem, In the contrast, in many aspects:the controversy content, some drawbacks in the system design and lack of running environment, which will effect the system seriously. This is just the starting point of the article. This paper attends to reveal the reason and necessity of establishing the case guidance system from the effects of system such as making up the law, improving the judicial efficiency. etc; Induce the essential requirement of the case guidance system include the guiding case must be persuasive, binding, timeliest. Etc. analyze the controversies such as the guiding case’s potency, nature, released subject and the non-guiding case’s nature and effect, put forward my own points; Finally put out the problem urgent faced and some suggestions on its perfection and development. Creatively put forward from the essential requirements of the system non-guiding case should also has a certain binding force, can relied on the judge’s own work performance, promotion, as well as a trial supervision way to achieve. At the same time, The high court plays an important role in the case guidance system, before the guiding case confirmed, the high court should assume the responsibility, release the case for reference, Of course not like the guiding case, but if without reference when it’s been identified as the guiding case, should cause the trial supervision procedure, only in this way can achieve the goal and value of the case guidance system.