Research On The Supervision System Of The Civil Case Of China

In recent years, in order to solve the emerging "codefendant different sentence", "the same Life with the different price," "capricious and arbitrary," "wanton referee" and other serious damage to the uniformity of law, contrary to justice, judicial authority affecting real problem, the Supreme People’s Court as a leader began a "case guidance system" construct "Chinese judicial building experiment",which can explore the case guidance system with Chinese characteristics, and also can protect the judicial unity, promote justice, enhance the credibility of the judiciary. This great our country, "local resources" characteristics of judicial practice, I saw beside the practice of our civil case guidance system has been achieved, but also noted that the system in the theoretical system construction, systematic, law, program design, completed system and many other aspects, which still have many problems. In addition, I also noted that the current study is limited to scholars investigate the legality of the elaboration of case guidance system, the legal status of the study, the feasibility of necessity, from the macro system construction and other "on paper," the problem of case guidance the refinement of the actual operation of the system problems, practical effects, the civil case guidance system, such as few people interested.Therefore, the author mainly analyzed on the following issues in the paper : firstly, at this stage of our civil justice in the referee’s non-normalized phenomenon and its manifestations, and have done type of treatment to this problems and have found solutions; secondly; "traditional" to promote judicial referee to achieve standardization and unification of the various ways to analyze, pointing out that "the civil case guidance system" and fit with the direct collusion between the two issues, "referee standardization", and then describes a case guidance system through civil achieve standardization referee "feasible" and "for" problem; thirdly, examine the "living civil case guidance system" and "civil action case guidance system", and sketched out a civil case guidance system in the judicial practice in China specific operational framework, to explore the civil case guidance system to protect the concrete practice of the path to achieve standardization referee; fourthly, with standardized, systematic and law into the construction and improvement of the basic paradigm of the civil case guidance system to demonstrate.