The Research Of Case Guidance System With Chinese Characteristics

Think commonly, our country is developing countries. Law helps to consolidate the established law and order has its stability side; law through the interior of the rule of law and the judicial interpretation to avoid external reality in the can, reflects its flexibility. However, theoretically be the pink of perfection in the face of the real life change unpredictably, making method will also encounter without "law" according to difficulties, faced with embarrassment.It is because of the defects of statute, so in reality there is "some sentence" phenomenon. In the face of " some sentence" phenomenon, since the people’s judicial system since the establishment of the people’s court will play a guiding role as case summary experience, standardize judicial practices, to realize judicial fair important working mechanism.The Supreme People’s Court on October26,2005in the" second five year reform outline"(2004-2008) in put forward clearly to build the case directing system, on November15,2011, the Supreme People’s court trial committee adopted the" about the case instruction work rules", and " notice" in the form of print and distribute national court, marked the initial establishment of case guidance system with Chinese characteristics. In December20,2011, the Supreme People’s Court issued the first batch of guiding cases, for the implementation of the case directing system, from theory to practice is an important step toward.This paper introduces the case system in our country’s development history", put forward some sentenced" exists in our country the status quo, and thus leads to the case guiding system in China’s implementation of the value significance. In view of the case guiding system in the development process of difficulties, and proposed the construction of case guidance system with Chinese characteristics is proposed, according to the" Regulations" on the case to guide the work of the case guiding system in practice there are some doubts, on how to better the practice of case guidance system with Chinese characteristics to talk about their own views and experience.