Study The Problems And Improvement On The Case Guidance System In China

China in a transitional society at present since has been reformed and opened to theworld for many years. Under this special background, the cases which sued to Courthave gradually increased. Among them,"some sentenced" phenomenon is moreprominent, caused extensive concern of the judges and other judicial personnel."Codefendant different sentence" this phenomena, not only hurt the faith of law inpeople’s heart, but also lead to a waste of judicial resources, is not conducive to themaintenance and achieve justice of the authority of the law.Legislation is an "approximation perfect and not achieve a perfect process". In someextent, case guidance system can make up for the legal abstract and lag defects, at thesame time, it also conducts to achieve justice unity and realize the goal of theadministration of justice. But during the operation, there are some details of thespecific issues need to be further clarified. Mainly from positioning, feasibility andnecessity.Case guidance system concept of the question of validity and the creationof the problem, operational issues, discusses the problem of supporting facilities, andprofessional quality of the judge.The guidance system has played a certain positive role in our country at currentsituation. Meanwhile, we also should overcome the following obstacles: Firstly,should establish a sound system. Which not only affirm the value of the case guidancesystem, but also guild the development of the case guidance system, have a clearunderstanding and further to perfect the system in the presence of defects. Althoughthe case guidance system has proposed in China, but its effectiveness of specificoperational problems still exist. Supporting the establishment of oversight and modify,revoke mechanism has yet to make clear that these problems exist in the caseguidance system directly affect the case guidance system. Can China judicial situationhas been changed, how to continue and how to use the judicial practice, this problemrealizes the value of the course of justice, these issues should not be resolved, the caseguidance system will lose its significance. Secondly, we must renew our concepts,form experts and scholars and judges, as well as lawyers. To develop and practice thecase guidance system, we should start ideologically agree with the value of the system,and make efforts to implement them. Law academic experts and scholars debate theslack mood of the new system, the judge will influence the effect of the systemrunning in the judicial practice. Therefore, I believe that a set of procedures should be unified in the operation and improve the judicial consciousness. What’s more, weshould to enhance the quality of the overall execution. Judges run directly by caseguidance system, they play a crucial role in the judicial practice, but judges thecomplex quality of judges in our country is not high at present. Guidance Caseguidance system formulation and formulation of judicial documents require highquality of a judge. Therefore, our judicial system in a basis existing situation, trainingfor judges to enhance the professional accomplishment to adapt to the needs of thecase guidance system and a higher judicial practice.