Research On The Chinese Civil Case Guidance System

Establishing case guidance system is beneficial to reducing and avoiding the phenomenon of "different connection with the sentence", uniforms law applicable standards, makes up the shortage of the statute law, regulates the discretion of the judge, curbs judicial corruption and promotes the realization of judicial justice. Therefore, the construction of case guidance system with Chinese characteristics has important theoretical significance and practical value. But it is worth noting that the system the impact is not big since it is established, practice participation is low.To this, this article takes the implementation of the case guidance system in Henan province as the research object, mainly through the Internet survey, field survey and field interview three ways to obtain first-hand data. It uses statistical methods such as descriptive analysis, data analysis, to understand the law courts and lawyers workers in Henan province general cognitive status of case guidance system. Through investigating court workers reference case or precedent case in concrete operation and practice situation, analyses the situation and problems of the case guidance system’s present implementation in Henan province, and put forward reasonable Suggestions to build the case guidance system with Chinese characteristics. After doing a detailed analysis to the origin of the article on the case guidance system and research status at home and abroad, the article finds new research innovations, namely exploring the case guidance system implementing obstacles in practice. First of all, starting from the theoretical basis of exploring the nature of the case guidance, legal basis, mechanism, efficacy, grasp the big tone of the article.Then, Design survey questionnaire, using the Internet and on-site research, to get the latest applicable of the case guidance system. And then in-depth analysis, summed up the case guidance system problems existing in the operation.Research cheers up from cognitive case guidance system theory, practice and supervision situation three aspects, trying to explore the effect of the case guidance system in practice, application conditions and safeguards situation. And according to the analysis of research status, I conclude the problems existing in the running, such as theoretical study about the case guidance system may be not clear enough, the selection mechanism of guiding cases does not reach the designated position, suitable mechanism is not sound and supervision of the vacancy and so on.The last part of the paper is eyeball, that is for the problem of the second part surveys to put forward the solution, so as to consummates our country the case guidance system.