The Function And Implementation Mechanisms Of The Case Guidance System In China

China is in the process of constructing socialist constitutional country. Different kinds of social contradictions emerge in judicial practice with the continuous development of the society. It cannot meet the demand of social development to rely solely on legislation.Therefore, the establishment and improvement of case guidance system is particularly urgent.Establishing case guidance system is not only an important task in judicial reform in recent China, but also an important topic in both theoretic and practical field. From the decision of establishment and improvement of case guidance system made by the Supreme Court in the’the2nd Five-Year Reformative Guidelines’on October26,2005to the provisions about the basic aspects of the case system made by the Supreme Court in the "Provisions on case instruction work "(hereinafter referred to as the "Regulations") on November15,2011and to the publishment of the first four instructional cases by the Supreme Court on December20,2011which marks the formally opening of the case system, it lasted for8years.So far a total of26guiding cases have already be released. In retrospect, on the one hand, the problem involved in the case guidance system have been extensively and deeply discussed in academia; and on the other hand,there are also some significant divergences in terms of the quality, quantity technical specifications and legal force of the guiding case, we have to realise that it has a very important significance to establish and improve the case guidance system.It can make up for the loopholes in the law, uphold the stability of the law, achieve judicial justice, improve judicial efficiency and save the judicial resources.This paper will start with the analysis of the concept, function and value of the case guidance system in China, and also the necessity and feasibility of the of the system, studying on the status quo of the system, comparing to the Anglo-American system of case law, to discuss the drawbacks and problems of the current system and, and to learn from the advantages of the common law system, aiming to put forward further feasible suggestions to improve case guidance system, so as to promote the continuous development of case guidance system in China.