The Reformment On Case Instruction System

Case instruction system as a convention in China’s court trial work，is a potentialsystem accompanied by the production of new Chinese judicial system and operatedin our court system for a long time.Because the case instruction system againstjudicial work,suffered of criticisms from the people in practice and theory circle.Thispaper uses theory of law to introduce and analysis of the present situation, problemsand causes of Case instruction system, analysis of the relevant legal system,extracting meaningful reference content four the reformment.To provide some ideasfor the gradually abolishment of the cases request system.There are more than24000word in the text,except the preface andconclusion,the text divided into four parts.The first part, present situation of the case instruction system. This paperintroduces the main body,method,content,program,effect of the cases request system.Deeply analysis the present situation of case instruction system.The second part, the cause of formation of cases request system.There are manyreasons, Includes the administrative relations between upper and lower courts,thebackward of legal provisions,the concept of authority for the legal interpretation,lackof the Community of legal interpretation and misjudged case investigation system isinsufficient.The third part, the malpractice of the cases request system.in violation of DirectSpeech Principle,The Centralized Trial Principle, Judicial Independence Principle andlack of legal basis，encourage inert of the first trial Judge,not conducive to improvethe sense of responsibility of the judge,lower the efficiency of Lawsuit, make the rightof appeal of the party virtual,damages for the Justice.The fourth part,reformment for the cases request system.To reform the the casesrequest system,here are several aspects: build the limited final judgment system of thethree trial,build Case instruction System, standard judicial interpretation,improve thequality of judges and implement scientific misjudged case investigation system.