On The Rational Build Of Case Guidance System In China

Case law is alive. It is to show people how to identify the facts of the case, how to apply the rule of law, which is the most direct reflection of justice. It also crystallizes judicial experience and trial judges’wisdom. Case guidance system stems from the general public who strongly urge to " co same sentence " and eagerly look forward to justice, and that how to make good use of this system to achieve maximum effect is a priority. As a starting point and goal, this article presents some views of constructing our case guidance system, specifically divided into five parts:The first part is the case guidance system overview. First, start from the background of case guidance system, indicate that its presence is an indisputable fact, and some fundamental issues have not yet reached a consensus that these issues are also the focus of this discussion; Secondly, make a detailed comparative analysis of related concepts, and clarify the features and meaning of case guidance system; Finally, locate the case guidance system in terms of the nature and the effectiveness, generally binding like judicial interpretation.The second part is the general inspection, extraterritorial jurisprudence system. No new thing under the sun, so is the case guidance system. It’s different from civil law or common law jurisprudence system, but there are many similar places in the concept of inherent rule of law and the spirit of the law. Make a comparative analysis of produce, development, characteristics and trends gradual integration between two legal precedent systems, noting that which our case guidance system development process is should pay attention to in the future.The third part is the establishment of a legitimate case guidance system based on. First, analyze the need to establish a case guidance system from the legislative, judicial levels, that is conducive to make up the deficiencies of enactments and improve the overall level of the judiciary; secondly, analyze the feasibility to establish a case guidance system from a cultural tradition, judicial practice, the legal system levels, which is the combine cultural tradition between statute law and case law, the judicial practices of the Supreme People’s Court and the people’s courts at various levels over the years, and the bureaucracy organizational system, together form a case guidance system to promote the development of a powerful driving force.The fourth part is barriers and solutions of the establishment of case guidance system. From a macro perspective, face with universal statutory barriers, judicial vulnerable barriers; from the micro level, face with trial system obstacles, judges elected and training systems obstacles, referee instruments obstacles, case referrals system obstacles, case guidance and supervision mechanism incentive obstacles, and so on. Reform and create favorable conditions for the development of case guidance system.The fifth part is build of case guidance system. In terms of the creation, need to clear inclusion criteria, body of confirmation and release, audit and publication, and other aspects of codification and repeal; in terms of appliance, need to define applicable premise, the basic principles, the methods and techniques in apply as well as overseeing relief mechanisms.Finally, the prospect of China’s prospects case guidance system. I believe that through our efforts, the case guidance system will present new colors and become an important force to achieve the rule of law and justice process indispensable.