The Research Of Criminal Guidance Case Of Court

Based on the “provisions on case instruction work”, the Supreme People’s Courtprovides all leve ls court throughout the county with guidance cases when these courtshear crimina l cases, which are called crimina l guidance cases of court. SinceDece mber2011, the Supreme People’s Court has iss ued six cr imina l guidance cases.Studying on these cases has an important significa nce in further standardizing the mand making a full use of the ir judic ia l functions. The criminal guida nce cases of courtshould contain the functions o f making the fuzzy r ules of crimina l law specific,coping with the difficult lit igation cases in the judic ia l process, unifying standard forhandling cases, restricting the judge’s discretion and solving the problem of "differentjudgments to similar cases";at the same time, it sho uld provide reference for judges totria l similar cr imina l cases. In order to take full advantage of crimina l guidance caseof court, we must solve some questions, such as the unspecific selection cr iter ia, thenon-standard of comp ilation s yste m, the unc lear app licatio n of s ubject, the lack ofprocedura l guidance case and so on. In order to ensure the re ference role of theguidance case in the judic ia l practice and make a real full use of its guidance ro le,when the Supreme People’s Court select the guide cases, it should further understandthe for ma l criter ia and substance standard in the for m of judic ia l interpretatio n. Aslong as the case can meet the standard, they can be selected as crimina l guidancecases through str ict procedures; at the same time, to fac ilitate its application, weshould unify the wr iting format, in whic h every crimina l guidance case should containtitle and number, key words, judgme nt essences, related lega l provis io ns, basicjudic ia l facts, argume nt focus, results of judgments and the reasons, also we shouldincrease the procedural guide case. Dur ing the procedura l application, we shouldspecify the app licable situation and wr iting format.