Operational Base Of The Case Directing System

Case directing system under construction is essentially to systemize and standardize cases thatintegrate the experience and wisdom of judges，and aseend to a vivid system so as to bring direetive casesinto full play on justice adjudgement and follow the inevitable rules of justice adjudgement.Theestablishment of case guidance system is a significant judicial reform.In take the written law as in thecharacteristic moden China legal regime，must introduce in the judicature administration of justice whichhas the case一lawe color Chinese style“the case guidance system”，is an unprecedented work.In containingmany significant idea transformations and the system transforms，how to establish a set both to be able tomaintain the written law tradition，and can profit from the ease一lawsystem’s trial way，needs us to makeearnest and the careful investigation and the research.This article tries from the legislation，the judicialstratification plane as well as compares in the tendency foundation which the case一law system and thecontemporary world legal system allows temporary credit，unifies our country’s fundamental realities of thecountry，puts forward certain shallow proposals to our country case guidance system’s construction.Thisthesis takes“case directing system”as research domain and focuses to solve two aspects of issues:the firstone is the issue of inevitability and flexibility in the oretical aspect;the seeond one is the issue of systemdesign and operation rules in practice aspect.This thesis consists of four sections:i.e. introduetion，meaning and positioning of case directingsystem，operational base of the case directing system,establishlment of case directing system and perfectionof relevant systems in our country.Introduction:thoughts and measures of research on case directingsystem.This thesis plans to start from the research on ought一to一be aspect of the establishment of casedirecting system to explain the necessity and flexibility of the establishment of case direeting system in ourcountry by means of comparing the inner mechanism and outer formation contexts， as well asdemonstration investigation on the existing“case publishing” system in our country on this basis，it focuseson discussing issues of case directing system of our country in microcosmic aspect，including establishment and application of case direeting system，and reform and perfection of relevant systems of justice in ourcountry，ctc.The first chapter is our country case guidance system outline.This chapter first to the case guidancesystem’s concept,the nature has carried on the explicit limits.Next,the author elaborated the case guidaneesystem’s loealization and the potency specifically,and has carried on the comparison with the case一law，has prepared for essential for as follows proof. From the aspect of attribute of case directing system，casedireeting system is not a system of“enacting laws” by judges，but a law application activity andsystem.Case directing system is to remind judges through cases to accept case“direetion”in case ofindistinction of law provisions，so as to apply more proper laws to lawsuit being heard，therefore itsfunction is to interpret and apply laws properly.From the angle of efficacy positioning，directive cases arenot legally binding formally，butthey take actual effect，and have specific and definite direeting function ondirecting and guiding adjudgement Practice，i.e.with actual binding effect.The second chapter is operational base of the case directing system. This chapter mainly from Chineselaw culture, globalization, the reality of the legal provisions of law and trial management system in Chinathese four aspects are elaborated in detail and analysis, I believe that in our case guiding system areprofound historical tradition and realistic basis. This for the effective operation of the system provide agood and effective protection.The third chapter is prospects of case instruction guidance system in China. Mainly discussed theestablishment of case since the first year of implementation of the guidance system in analysis on issues ofthe theory and practice, on how to further improve the system and its development prospects for the future.