Our Case Guiding System

On the november26,2010, the Supreme Court promulgated the "Regulationson case guidance system work regulations"(hereinafter referred to as "case guidanceProvisions"). Although this provision is only ten, but it indicates that China hasestablished a case guidance system. But just40provides sufficient guidance casework, it does not reflect the case of institutional value system, functional utility, whileits effectiveness, feasibility and other aspects of the system are being questioned. Inthe "case guidance provides that" after the Supreme Court were announced fourbatches guiding case, in relation to the existing system was partially clarified somequestions, but also to guide the work carried out to provide case specific basis, forexample, a reference to guiding case, effectiveness role of adjudication standards. Butjust stay published cases of specific laws and regulations in the interpretation,application stage, still can not play a substantial role to make up legal loopholes;while, so far, guiding cases nor the introduction of the implementation details. Itseems from the above situation, our country there is a great case guidance systemdeveloped space, such that the system should play what role in the future direction ofdevelopment, how to carry out case guidance work, and other aspects of spaceexploration. Meanwhile, looking at how well developed system issues, can learn fromother countries’ experience of mature jurisprudence system, whichever is reasonable,suitable for China’s national conditions development experience as I used to. The caseguidance system on all fronts have a basic understanding, in this last part of theanalysis of existing problems, find possible solutions to the problem of referenceproposal.This study is based on the construction of our new expanded case guidancesystem, is divided into six parts. The first part through the simple case, leads to ajudicial China’s current situation, ie different co-contracting, seriously affecting theeffectiveness of justice, leads to loopholes in the law as a remedy, the uniform application of the law of one of the judicial reform initiatives case guidance system,and a brief introduction of this system. The second part is the case guidance systemfor the process of historical development of a simple comb, including the case inancient China, late Qing law, the traditional understanding of the development ofmodern jurisprudence and case since the founding of New China, the systemdevelopment process, and thus to explain my case guidance system was establishedhistorical inevitability. The third part is an interpretation of case guidance system,from its meaning, function, value, and other aspects of the problems introduced caseguidance system not only explains the presence of the validity of most public concern,but also elaborated on this system functional connotation, also describes currentproblems guiding cases, in order to give the reader guiding cases have a betterunderstanding. The fourth part of writing is mainly to explore the extraterritorialexperience, exploring the world through the implementation of the rule of lawprecedent system developed, development and improvement process, most of thesesystems is not difficult to find a long history, is widely used and has the status of acertain source of law, and has matured The applied judicial practice. By drawing onhis experience in state benefits, for improving our case guidance system is a veryimportant step, legal migration, system migration, and national soil are to becombined in order to play its due role, by comparison, can we know what we candevelopment and improvement of this system. The fifth part is the overall grasp of theabove, based on a complete set of case guidance system for some suggestions. Part VIbriefly summarized text, the end of the article writing.In summary, in our case guidance system is certainly a positive side, but alsoattach importance to the shortcomings and problems, and constantly enrich andimprove our guiding cases, making the system to play a greater role.