The Research Of Chinese Case Guidance

As we all know, written legal documents have been emerged in large numbers while the socialist legal system in China is on the way of rapid development since the1980s. Different judgments for the same case are easy to see for various reasons in spite of the perfection of socialist legal system in China. What’s worse, it has been much more serious in recent years. Therefore, official agencies and domestic scholars have made their own efforts in order to solve this problem. On November26,2010, the Supreme People’s Court issued "the provisions of the supreme people’s court about the case guidance"(hereinafter referred to as the regulations). It declared the establishment of the case guidance system in our country for the purpose of the problem that one case is offered different judgments, promoting judicial application is unified and the maintenance of justice. Unfortunately, the promulgation of the regulation leads to controversy instead of solving the targeting problem.The research of this paper is divided into four parts which based on the case guidance system in our country.First, the case guidance system in our country at present will be analyzed in detail based on the regulations issued by the Supreme People’s Court. The case guidance system in our country is affirmed which can be regard as an innovation in judicial system for it is in line with the trend that the integration of Anglo-American law system and continental law system all over the world. In addition, from the accomplice and sentenced to two aspects, and maintain the judicial justice, analyze the value target of case guidance system in China.Second, the writer will review the history and construction of the case guidance system in China. Then the history in China will be divided into three periods considering the position of case in judicial practice.Also, the present situation of the case guidance system in China will be analyzed.Third, the coming problems of its effective operation will be predicted in this article when facing social environment and the defect of the regulations in China.Fourth, suggestions and advice will be offered in this article for effective operation of the case guidance system in China based on the content of the third part. On one hand, some suggestions offered for improving macro-environment. For instance, increasing the propaganda of case guidance system, reducing the negative effects which caused by administration of justice as well as strengthening the case practice education of law education to improve the professionalism of legal professional community in China can be offered. As for micro-environment, build a solid internal foundation of for the case guidance system by means of amplify the content of the regulations. For instance, redefining the instructional cases, improving the production in order to increase the authority of the instructional cases, higher the position of scholars of case guidance system, emancipating mind and boldly draw lessons from foreign mature judicial application technology, compiling instructional cases scientifically are also effective measures that can be taken.To sum up, with some ideas which ensuring the effective operation of case guidance system in our country, this article mainly focuses on solving the problem of different judgments for one case as well as the unifying judicial application and the maintenance of justice.