Several Studies Criminal Justice Case Guidance System

Uniform administration of justice is the basic content of the course of justice and the basic requirement of Chinese socialistic justice. However, the law judge of criminal cases request that court make the right legal evaluation to the legal nature of the criminal facts and the fair legal assessment of defendant’s criminal behavior, thus, which maintain stability and unity of the Chinese legal system. However, different co-contractors and "trumped-up "phenomena are the crisis of current judicial practice, which seriously damage the judicial authority, weaken the expectations of the public credibility of the justice, and affect the social contradictions non-normalized. Therefore, the Supreme People’s Court continues to judicial reform. In2005,"People’s Court Twenty-five Reform Program" proposed the establishment of the case guidance system. In October2010, the Supreme People’s Court published "A Guidance on The Case Guidance System" began to practice the first step in our case guidance system. In2011, the Supreme People’s Court published the first batch of guiding case. The system will change the intrinsic disadvantage of the written law, and unify scale of justice and accurate application of legal norms. With the publishment of the3rd and4th guiding case, the Chinese criminal case guidance system convert from theoretical found to system establishment. The judicial point in guiding cases supply guiding rule for analogous cases, and provide the possibility to the judicial exception of litigation participants, which promotes entity and procedure in criminal justice perfection.This article has four parts:The first part concludes the characteristic of Chinese guiding cases and founds the problem through analyzing Pan Yumei&Chen Ning bribery Case、Wang Zhicai murder Case. The second part introduced the tradition and theoretical base of Chinese criminal case guidance system, defining the nature of case guidance system. That studying the main content of "A Guidance on The Case Guidance System" inquires into the selected program of judicial precedent, judging the legality of guiding case, and founding a number of issues, which exists in the case guidance system, such as the case of source initiative monopoly, non-ordering in criminal trial system. The third part finds out the similarities and differences in the jurisprudence system by studying two legal systems, which is similar to Chinese case guidance system. Even belonging to the same common law system in the UK and the USA, there are also many differences, especially, the diversity of judicial precedent selected proceeding in Supreme Court, which is same in civil law countries and regions. This part may provide some reference for analogous institution in China.The third part finds out the similarities and differences in the jurisprudence system by studying two legal systems, which is similar to Chinese case guidance system. Even belonging to the same common law system in the UK and the USA, there are also many differences, especially, the diversity of judicial precedent selected proceeding in Supreme Court, which is same in civil law countries and regions. This part may provide some reference for analogous institution in China.The fourth part, rational analysis aims at some problems in the second part, which not only resolve contradiction in recent system, but supply a train of thought for the real run in case guidance. Therefore, this part can make instructional cases from the system level to judicial practice.Because of the case guidance system established in our country, the main content of this article has been based on the existing system, not on the nature or connotation of the theory in this paper. From the perspective of legal function, the comprehensive analysis of generated mechanism may straighten out the creation ideas of the system, which restrain the discretionary power of judges and enhance the course of justice and efficiency to promote social harmony.