Research On The Case Directing System Under The Concept Of Justice

Identical law case gains identical court decision result, which is the core element ofjustice.“All people are equal before the law” is an universally accepted basic principle in themodern judicial country, and the equality of law-applying is concrete manifestation in thejudicial field. It must pursue unification of legal mechanism and applicable effect.As the process of judicial reform, The case directing system in China is an significantmeasure. It greatly guarantees the realization of judicial justice as well as regulates thediscretion of judge and unified legal application. The establishment of the case guidancesystem and judicial interpretation system can complement each other, to play soft law,guarantee civil rights function. The case directing system and judicial interpretation supplyeach other, develop the function of protecting the civil rights and making the laws soften. Forsome scholars ‘question, the author thinks the case directing system has its rationality, andconfirming its position in the legal system is the key, better legal loopholes in the judicialpractice, the better the realization of judicial justice.The article is divided into five parts. The introduction mainly elaborated the articleselected topic background, research significance, research methods and innovation. In judicialpractice in China," some sentence, with the method of different solution" phenomenon hasbecome the predicament of public justice, for justice requirement is more and more intense, inthis context, this article from the perspective of the value of case guidance system andanalysis of its function, in socialistic society existence rationality and necessity sex. Thispaper use empirical analysis method, comparative social research methods of case guidancesystem existence significance.The first chapter is the problem. From the part of “Xu Ting case" the classic case we setforth upon judicial impartiality is the urgent demand, and outlines the case directing system isthe basic definitions and legal precedent system phase difference, pointed out that "the case"and" case" is different, and the analysis of the case guiding system is different from the caselaw system, it is a kind of method and applicable law. The second chapter is the analysis ofthe rationality of the case directing system. The article analysis the case directing system inthe socialist society with Chinese characteristics plays a soft law, judicial practice and theprotection of private rights function, and from this three point, proves the rationality of theexistence of the case directing system. The third chapter dialectical positioning of the casedirecting system in the socialist legal system with Chinese characteristics status. Discussesthree main basis, the case directing system existence is consistent with the historical development, in accordance with the law, with legal theory. The fourth chapter of the caseguidance system is analyzed. This part discusses the case directing system in society causedsome problems, namely, the defects and deficiencies. The fifth chapter put forward to perfectthe proposal of the case directing system, from the entity, operating procedures and otheraspects of the way to improve.In conclusion, the case directing system has crucial effect on judicial activity. It will costlong time for the function of guiding cases to practice in reality due to the unsure position ofguiding case in legislation system and logical mode of judge caused by statutory.Nevertheless, the case directing system is expected to play a important role in Chinesejudicial practice.