On Improvement Of Chinese Case Guidance

On November26,2010, the supreme people’s court promulgated "on the caseguidance system requirements"(hereinafter referred to as the regulations). Althoughthe regulation is consisted of only ten statutes, it did build China’s case guidancesystem, and also, it is an official response to the issue, which has been discussed for along time, of building China’s case guidance system.The regulation includes thesystem construction, purpose, case issued subject, case, specific responsibilities rangeprocedures for institutions, and case guidance system for six aspects of the buildupthe system, but following criticism of also has a lot of. Not mention to the generalityof the regulation, much sharp criticism comes from the validity of the regulation. OnDec.20,2011, the supreme people’s court announced the first batch of guiding cases.And in the case after the announcement, some doubts have been clarified, such ascase the validity of the guidance system. But for other questions such as thelegitimacy is still not giving a definite reply. Visible, at present the case guidancesystem still have lots of flaws.The paper tries to find out the flaws, and make somebasic analysis.This study is based on the country’s present case guidance system, which can bedivided into three parts. The first part is the summary of the guidance system,including the system’s development history and the current situation of the structure.The author thinks that only when the system been thorough understood that theadvantages and disadvantages can be grasped fasten. As the pre-founding system isnot the key point, so only roughly introduced. While the guidance case after thefounding of the system is so important, so the discussion comes from four periods.What’s more, in this part, the case guidance system was destructed into six aspects such as the purpose of the system construction，responsible subject, source of the case,formulate and release procedure and the power of the guidance system, which canhelp us understand the system better. The second part of this article is about thedisadvantage of the current case guidance system, which divided into the internalproblems and external problems. Some of the problems derive from nature of the caseitself, while some others because of the country realism. From the current situation inChina, case guidance system still on the meaning of system, for the essence of thecontents of the guiding case, it’s difficult to realistic the value of the guidance system.In addition, the case of the guidance system fuzziness, legitimacy, such as mechanicalapplicable problems exists significantly. From the outside term, the smoothly runningof the guidance system needs a certain social environment, also need good judicialenvironment. But the fact is, our country’s thinking model already entrenched, so,improve the external environment could improve its soft power. Follow the secondpart of the question raised by, the third part is proposed on solve these problems. Boththe specific system advice, such as case guidance system, and compiling the cycle ofthe compilation, etc., also to the exploration of the institutional problems, such as thedouble authority examination system, it is not only a innovation, but also thebreakthrough of the traditional concept. Therefore, to perfect our case guidancesystem, not only need to enrich our country guiding case, but also to emancipate themind, endow the system with the compulsory effect.