On The Case Guidance System Of Procuratorial Organs

Realizing the unity of justice and safeguard judicial justice need the guiding cases play a role when procurators enforce the law and handle cases. Guiding case is a judicial exclusive concept, which means Supreme People’s Court and Supreme People’s Procuratorate unified release cases in order to guide the judicial organs at all levels enforce the law and handle cases. Establish and apply prosecutors case guidance system is an important part of judicial reform, Prosecutors case guidance system a Special system that supreme people’s procuratorate through the compilation of release cases In the facts of the case cognizance, the admissibility of evidence, has general guide meaning to applicable law To guide all levels of the procuratorial organs shall be responsible for the enforcement of the law in order to safeguard judicial justice and establish judicial authority. Guiding cases in the judicial practice is used to make up for the inadequacy of statute law, promote justice, and promote the unification of the law applicable, So whether the nature of the case guidance system’s position is clear, the system design is reasonable, whether its applicable unified comprehensive, the public’s perception of the system is properly will affect the justice eventually. By confirm the nature of the procuratorial organs case system, perfect the case created programs and related supporting system can ensure that the procuratorial organs at all levels enforce the law and handle cases better reference to the case. So as to promote the realization of unified handling. At the same time to achieve better social effect, Enable judicial practice to adapt to the complex social relations of social development and Solve all kinds of social contradictions.Prosecutors case guidance system in our country at present stage still faces many problems, so it needs to set up a variety of ways to improve the problem.The nature of the case guidance system is still controversial. Some people think instructional cases is quasi judicial interpretation, and some people think only files with reference significance guiding case, and others think case guidance system is in fact the binding. In the aspect of content of guiding cases, the cases published by the supreme people’s procuratorate are insufficient guidance value. There are almost no involved in the case of the economic crime. In the aspect of applied of guiding cases, case applicable mechanism and supervision mechanism is not clear, case apply face regional difference, lack of communication and coordination between procuratorial organs and court. In terms of public perception, The public’s perception of case guidance system is not unified also affects the implementation of the implementation of the system.Confirm the procuratorial organs to the nature of the case guidance system is the basis of a series of theoretical research. The nature of the case guidance system is a system of reference and guiding significance. In the process of to perfect the case guidance system initiative program, to design the scientific case issue release subject and source of case system, standardize the establishment procedure of case classification and format. Perfect the related system of case guidance system, the main is to improve the guiding case applicable feedback mechanism, standard guiding case applicable exception system, normative guidance in case of applicable procedures, establishing incentive and constraint mechanism of guiding cases and norms guiding case of revocation mechanism.Due to the supreme people’s court has issued three instructional cases. Procuratorate and the court is the judicial organ. Strengthen the case guidance system between the two organs of communication and coordination to ensure the proceeding smoothly in case. The parties to the case guidance system awareness and participation will be related to the implementation of the system. So we should strengthen the propaganda of guiding cases, cultivate people’s thinking case litigation, change people usual statute law thinking.All in all. Prosecutors case guidance system has been established in our country, however, applicable and perfect this system is still a long-term and arduous process. We should closely around case applicable guidance, actively dealing with the case guidance system are faced with the problem, in the applicable specification of guiding cases created procedure, to perfect the relevant supporting system, strengthen the communication between the court about the case guidance system and coordination, strengthen the applicable case of guiding cases. According to our country’s special national conditions and judicial practice in the primary stage of socialism, the instructional cases in the judicial practice in our country universally applicable. To further promote the unified law enforcement, safeguard judicial justice.