Research On Chinese Case Guidance System

Nowadays, with the progress of judicial reform, the phenomenon of "identical lawsuits with distinct judgment" is increasingly widespread concern. In recent years, the citizens’ legal awareness is gradually strengthened, the public on judicial supervision become more and more strictly, and judicial impartiality and authority are more and more questioning because of the "identical lawsuits with distinct judgment", this practice damages the legal faith of the citizens which we make efforts to construct. The case guidance system provides available follow and unified judgment standard in judicial stage. A proper case guidance system can well solve the problem of "identical lawsuits with distinct judgment". Besides, the Supreme People’s Court carried out the exploration of building a case guidance system in judicial practice.The article is divided into four parts, from theory to practice, from the basic theory to the system consummation, trying to fully analyze case guidance system.The first part is about the definition of basic concepts. This part distinguishes cases and precedents, case guidance system and jurisprudence system, which are closely linked with the case guidance system. It summarizes the concepts, features and the nature of case guidance system, pointed out that the case guidance system as an application of law to make up for the defects of the statute.The second part discusses the legal value of case guidance system. The analysis shows the case guidance system contains a conducive to the realization of "identical lawsuits with distinct judgment". It can improve judicial efficiency. Case guidance system can make up the shortcomings of the statute can regulate the judges’ discretion, and it can also help to make up for the deficiency of the judicial interpretation.The third part analyzes the feasibility and necessity of the case the guidance system in our country now. It mainly from the following aspects:the historical basis, legal foundation, practical experience. The chapter also introduced the foreign experience of case guidance system. Combing through the practices of Germany and Japan’s jurisprudence system to find the useful experience to the construction of China’s case guidance system. Show positive significance to combine the advantages of case guidance system to demonstrate, eliminate the questioning of case guidance system.The fourth part discusses how to perfecting the case guidance system. Firstly, analysis the legal effect of a case guidance system. Then, respectively from the release subject of case guidance system, the choice standard and the supporting construction of the system, and given the specific ideas. Provide practical advice to improve our case guidance system.