The Construction And Improvement Of China’s Case Guidance System

Follow the integration trend of common law and continental law, China’s case guidance system plays a vital role on the china’s judicial trial; the system has its own character, which is similar to the Anglo-American’s case law, but is not the copy of case law. Priority will be given to the statute law, so that the case guidance system is used as an additional way to assist the application of law. With the development and the demand of legal construction, we should make sure the case guidance law will work better, gradually improve the technical operation, such as the system procedures, till the rule of law-society comes true.The paper is based on the essential theory of case guidance, on purpose to solve how to build the case guidance, to solve the problems in practice. We should gradually make it perfect, and outlook on its development prospect. The paper emphasis on the case guidance system’s structure, function, concept, then introduce the legal status of it,’the directive cases must be referred to’in<The Regulations of the Case Guidance System>. According to the local test, paper summarizes the suggestions of improvement and the supporting system of planning path.The article includes four parts, chapter1is the introduction, and the article introduces the basic content and related literature review from the perspective of case guidance system’s thematic significance and the background of selected topic. Chapter2demonstrates the theoretical framework of the case guidance system, mainly including the basic theory of case guidance system; It clearly explain the case guidance system’s applied condition such as constitutive elements, the concept, effectiveness and positioning, and then discusses the case guidance system’s theory value and judicial practical value. Chapter3analyzes basic situation and existing defects during the operation of the case guidance system and so on, including the establishment of case guidance system, since PRC had founded, and some existing-obstacles in the system. The institutional barrier shows the importance of legal operation environment, not only further expanding its bold operation mode, but also we must breakthrough our ideas to solve the system problems, absorbing the advantages of traditional case law in china and the western case law system. Chapter4puts forward the corresponding measures to perfect the case guidance system, including perfecting fundamental principles of the case guidance system, design of the select and compile program, discussion on its related mechanism, as well as new views and suggestions of case guidance system.