Improvement Of The Criminal Case Guidance System

In recent years, the public have seen more and more phenomenon of “IdenticalCases Have Different Verdicts”,which severely eroded the authority and credibility ofjustice. To eliminate the “identical cases have different verdicts”，the Supreme Courtestablished the Case Guidance System, and released a number of guiding cases.TheCase Guidance System should have curb this phenomenon.However,empiricalresearch showed that the Criminal Case Guidance System did not work well,and itsfunction has not been fully realized.The main reasons including judges are too busy tolearn guiding cases, lacking standards to judge the similar cases and the effectivenessof criminal guidance cases is vague. Therefore,establishing criminal guiding casesdatabase,training judges to understand and execute the criminal case guidance systemaccurately,exploring the criteria for judging similar cases to reference guiding casesand enduing criminal guiding cases mandatory binding clearly to prompt the judges toperform the system consciously are necessary. In addition, the phenomenon of“identical cases have different verdicts” is inevitable.Therefore,we should pay moreattention to the fairness of the case,not the “identical cases have different verdicts”.