Legal Position Of Case Guidance Svstem In China

With the constant improvement of precedent system and the gradual emerging of case law superiority, the continental law system countries begin to realize the case law, particularly a special function that plays in overcoming limitations of statute law, which has been widely recognized. As one of the civil law countries, how to conform to the trend of modern judicial reform in our country, and carry on the introduction and absorption of case law, also become the focus of domestic legal science buzz.At present, our country is in a critical period of social transformation, all kinds of contradictions and disputes problems stand out, especially the ease that the grassroots people’s court of the people’s court accepts has increasing trend, and some new and complex, typical and practical cases appeared gradually. At the same time, the "connection with different sentence" phenomenon occurs frequently, which to some extent, hindered the process of rule of law construction in China. It is worth mentioning, on October26,2005, promulgated by the supreme people’s court of the people’s court of the second five-year reform outline (2004-2008)"13explicitly proposed to "set up and improve the case guidance system ", this is the establishment and perfection of case guidance system in our country, pointed out the direction to a certain extent. Then, based on the current reality of legal construction in our country, and the Chinese mainland and Taiwan region, common law and statute law and tradition, at the time of the judicial reform, the Chinese mainland areas properly refer to the case system in Taiwan, in order to better serve China’s socialist legal construction, also is one characteristic of due.For the case guidance system, however, the legal position, in our country is still a controversial hot issue. For example, the scholar thinks, from the perspective of traditional legal culture, the statute law is legal origin in our country, thus against the case guidance system in our country; Also the scholar thinks, to establish the case guidance system is very necessary. It can make up for the defects of the statute law in standardizing judge discretion, guaranteeing judicial fairness and justice, to safeguard the unity of the legal authority, legal application, which has important practical significance. To this, this article will combine the analysis of the advantages, the limitations and the function value as well as the legal position of case system in Taiwan, to study and discuss the legal orientation of the case guidance system in mainland China.