Research On Case Guidance System

Case guidance system set judicial reform and institutional change in the concept of one, on the one hand, it inherits the essence of Chinese traditional legal culture, on the other hand, it also reasonable to Western culture factors continue to absorb, learn, making it increasingly in response to the two legal systems continue to become harmonious development of the world against the backdrop, showing vigorous vitality of a system with Chinese characteristics change new initiatives. It established a uniform law applicable standards help to improve the quality of justice, the interests of justice, to establish the legal authority, thus promoting the sound development of the rule of law. Case guidance system for guiding case the provisions authoritative publication for legal research provides a run social transition Chinese judicial law objective and accurate local samples. Guiding case law and practice is the product of judicial experience and wisdom, which includes both the understanding and elaboration of the spirit of the legislation, but also contains the creation and exploration of judicial wisdom; contains both substantive norms, and contains the procedural norms; both literally law, but also includes case the parties and judicial officers to understand the minds of law; both applicable statute of judges, and the law applicable to the activity itself, including a vivid interpretation of the law. Openness and transparency become the guiding case law and judicial practice theory constructive positive interaction platform, which is both a theoretical study law lifeline to sustainable development, the rule of law is also a necessary requirement for the judiciary Authoritative guidance published cases inevitably bring universal concern of the whole society, including of course to accept the verification of legal theory, which is a reliable mechanism to ensure justice and the rule of law to form a good run.This study is based on our newly constructed case guidance system to start, is divided into five parts.The first part of the connotation case guidance system from the start, the concept first case guidance system itself-depth analysis, case studies will be decomposed, guiding cases and case guidance system, and on this basis, the case guidance system from the macroscopic conducted a rational positioning.The second part is based on the first part elaborates on the guidance system and the relationship between statutory law and judicial interpretation from case to start to demonstrate the nature of the case guidance system, and specifically pointed out the main features of case guidance system, indicates that China implemented case guidance system has a strong Chinese characteristics.The third part is an interpretation of the case guidance system, for detailed description of its function and value level, that describes the functionality of the system and the profound meaning of the value of this case guidance system to allow readers to have a better understanding.The forth part is the guidance system from the case operability problems, we focus on guiding case studies, including guiding case selection criteria to select features as well as its similarity to determine the use of the standard three,The fifth part of the overall grasp on the basis of the above, make specific obstacles case guidance system in the establishment and implementation process encountered and proposed on this basis to improve our case guidance system of some countermeasures.Chinese society in transition, the rule of law, including the construction of judicial rule of law, has entered the era of collective active participation of the whole society, all kinds of subjects in each do their job, duties, do their best to run the rule of law mechanisms can demonstrate their value and pursue, in this context, to accelerate the improvement of China’s case guidance system build is imperative.